Notice period during probation south africa

I have a question about my notice period : I have been working. A newly hired employee may be placed on probation for a period that is reasonable given the circumstances of the job. Probationary periods in South Africa.

A probation period is regulated by the law and employers are not permitted to dismiss employees during this period without following the proper legal processes. Companies who terminate new staff members without understanding their legal obligations can find themselves in trouble with the law.

There is no prescribed time limit set for a probation period. The probation period must be reasonable, given the circumstances of the job. The period should be determined by the nature of the job and the time it would take to evaluate the employee’s performance. The period of probation must be determined in advanced and should be for a reasonable period. Notice period for domestic and farm workers (with more than four weeks of employment) are four weeks.

A collective agreement may allow a shorter notice period than what is required under the law. A short notice period can ease the disappointment of a bad probation A probation is a trial period for a new employee.

Most probations last between one and six months—you should make the length clear in the employee’s contract. You should also make sure your employee knows their probation period notice. Your appointment is subject to an initial probation period of months. It is important to distinguish between probation and a fixed term contract. Brief explanation: Clause of the Code of Good Practice: Dismissal (Schedule of the Labour Relations Act) deals specifically with probation.

Should the employee complete the probation period successfully, the employee should be appointed as a permanent employee, which appointment should be confirmed in writing. That these notice periods are the minimum and may not be shortened by any agreement. However, section (2) (b) does provides that a collective agreements May permit the notice period of four weeks to be reduced to not less than two weeks.

This Act did not make provision for the appointment of probation officers, but the courts were given the option of alternative sentencing in the form of offenders being placed on probation on condition of good behaviour. If an employee’s in their probation period and chooses to leave before it’s over, if you don’t have a set term in your contracts of employment, they must give the statutory minimum notice period – which is one week. However, you can set your own notice period specifically for probation periods in your contracts of employment. Statutory notice applies as a minimum, although the employment contract may stipulate a longer period of notice , with which the employer must comply.

If the employee has taken less statutory holiday than he or she has accrued during the probationary period , the employer should make a payment in lieu of untaken holiday, on termination. What is the purpose of probation? A probationary employee is a newly appointed employee who has a conditional employment contract (written or unwritten).

This means the continuation of the contract is conditional on whether the employee’s work performance during the probationary period shows that the employee is able to carry out the work properly, or not. Notice during probationary period We herewith give formal notice of termination of your probation contract. The reason for termination is the unsuccessful completion of your probationary period. Despite paragraph (a), a collective agreement may permit the notice period of four weeks required by subsection (1)(c)(i) to be reduced to not less than two weeks.

After completion of the probationary perio MANAGEMENT may confirm your appointment or extend the probationary period according to conditions set by MANAGEMENT or terminate the appointment with three calendar months written notice following the procedures as set out in the Labour Acts”. It can range from a few weeks to a few months at the start of employment. The employer decides on the length of the probation period.