What does a 3 month probation period mean?
A probation period is the period of time at the start of an employment when an employee may be dismissed with little or no notice if they're found to be unsuitable for the role. It's very normal to include probation periods – typically three months in length – within any new employment contract.
Many standard probation periods are 3 months, however, for senior roles this can be 6 months probation period, and can be a short as 1 month for contract workers. A probationary period can only be used for new employees as a clause at the start of the employment relationship.
It is typical for a probationary period to last no longer than six months, and three months where an employee is moving to a new post internally. The probationary period may sometimes be extended, though this should be mentioned in the contract of employment.
There is no specific or mandatory format for a probation review meeting. But, it usually involves a manager speaking to an employee about their present performance, their goals and next steps. An employee is also given the opportunity to ask questions.
An employee's probationary period starts from their first day of employment. As an example, an employee starts work on 18 April and has a 3 month probation period. The notice period during probation is a week increasing to 3 months following the expiry of the probation period.
Under the law, the 90 days are just that — 90 consecutive calendar days. That means weekends and holidays are swept up in the final count. If the 91st day falls on a non-workday, coverage needs to be switched on before that day or on the exact weekend or holiday the 91st falls on.
"If the employee resigns during the probation period, Article 9 of the Labour Law states that 'the new employer shall compensate the original employer with the costs of recruiting or contracting with the Employee, unless agreed otherwise.
Can I extend my employee's probationary period? If your new employee's performance has not reached the standard expected by the end of their probationary period, then yes you can consider extending the probation to give them a chance to improve.
Can Employees Quit Without Notice During Probation Period? No. Employees who resign during their probation period are still required to give the amount of notice required in their employment contract, applicable award or registered agreement.
If you did not get their agreement up front, the employee is entitled to notice or pay in lieu of notice if you terminate them within 3 months.
Does probation count as experience?
This trial period usually lasts between 3 months to a year. And during this time, the manager or senior employee evaluates whether the candidate is the right fit for the organisation or not. Did you know? Probation period served in any company is considered as work experience.
What is the holiday entitlement during the probationary period? Annual leave begins accruing as soon as the worker starts work with you. This means that the right to annual leave is not dependent on the completion of a probationary period.

- Punctuality. ...
- Positive Attitude is the Best. ...
- Behaviour and Curiosity. ...
- It's Ok to Make Mistakes. ...
- Communication is Key. ...
- Observation and Application. ...
- Self-Assessment. ...
- Understand the organization's Expectations.
- Do Your Research for Comparable Salaries. ...
- Consider the Salary Increase Processes of the Organization. ...
- Review the Current Financial Climate of the Company. ...
- Outline Your Achievements. ...
- Find the Right Timing for Getting a Standard Raise After 90 Days. ...
- Prepare for the Ask.
At the end of the designated period, there should be a final probation review meeting when the manager and employee discuss the employee's performance and progress and identify whether any specific support is required and whether the employee will be 'kept on' by the organisation on a permanent basis.
The purpose of a probationary period is to evaluate an employee's work performance over a reasonable, mutually agreed-upon period of time during which the employer can ascertain the employee's suitability for the position in which he/she had been appointed before confirming permanent appointment.
Any employer, regardless of the number of employees they employ, can include a probationary period in an employment agreement. A probationary period is typically for a period of three months but that time can be extended.
A probationary employee is newly employed on a conditional employment contract – to evaluate the employee's work performance during the probationary period to ascertain if he/she is able to perform the work at the required standard, before confirming the appointment.
The number of months in the probationary period, six (6), should then be multiplied by the number of days within a month, thirty (30); hence, the period of one hundred eighty (180) days.
Generally, an at-will contract (and some standard contracts) includes a 90-day probation period for new hires. During probation, the employee is hired, but if for any reason within the next 90 days it doesn't work out, then they're out. Often the 90-day probation period for new hires comes and goes without a word.
Can you take a sick day before 90 days?
What if I work more than 30 days in California within a year but less than 90 days? The 90 calendar day period works like a probationary period. If you work less than 90 days for your employer, you are not entitled to take paid sick leave.
Probation and Benefits Clauses.
Believe it or not, these too are negotiable items. If an employee is being recruited from another position, the potential employer may agree to waive a probationary period and/or start benefits right away. Sometimes a signing bonus can even be negotiated.
If an employee fails to pass their probationary period, the employer should be well placed to demonstrate that the employee's employment was terminated for a fair reason.
Yes, your contract of employment will usually set out whether or not the probationary period can be extended. If your employer has decided to extend your probation without prior agreement, however, they will be in breach of contract.
If the employee is hired with the understanding that there is a period of probation, the employer could dismiss him or her without 'just cause.
You could choose to dismiss an employee during their probation period. Some of the most common reasons for this are: Poor performance. Gross misconduct.
Provide evidence that supports any performance concerns and give the employee an opportunity to respond. Decide on appropriate action, after considering any alternatives, such as extending the probation period. Confirm the outcome to the employee in writing and clearly set out the reason for the dismissal.
Informal probation, also known as unsupervised probation, is for low-risk offenders. If you are on unsupervised probation, you will not need to report to a probation officer. Instead, you must pay fines and pledge not to commit any additional crimes during your probationary period.
While you do take home a paycheck during the probation period, it does not come with the perks and benefits of a permanent job. Continuing beyond the probation period means that you become eligible for a higher salary, raises, promotions, and benefits like health insurance.
Regardless of the fate of your probation, you will be paid a salary during the trial period. It may however be less than the actual salary.
How can you fail your probation?
- Poor performance.
- Personality clashes or poor culture fit.
- Poor time management.
- Absences.
If you recently started a job, wait a minimum of six months to ask for a raise. Most employers are more likely to give you a raise if you have been with the company for at least a year or more. If you have been with the company for multiple years, then you can ask once a year.
Since employers normally aren't thinking about giving you a raise after only three or six months on the job, you need to raise the question in your initial salary negotiations. Don't wait until your probationary period review to bring it up.
There is no law determining the length a probationary period, although this will usually be for between three to six months. That said, in some cases, this period could be longer or even shorter depending on the nature of the role, for example, where the role is only temporary the period is often much shorter.
The purpose of a probationary period is to allow a specific time period for the employee and employer to assess suitability of the role after having firsthand experience.
Your first few weeks or months in a job are often called being 'on probation'. Being on probation doesn't give you any specific legal rights. You can be dismissed with 1 week's notice while you're on probation - or longer if your contract says you're entitled to more notice.
You can think of a probation period as a trial period of employment during which someone is employed only subject to satisfactorily completing this period of time. They are mainly used with new employees and vary in length but typically last between one and six months.
Even if your employee is in their probation period, they're still entitled to their employment rights. This means that they'll still be entitled to holiday time and holiday pay during probation, and should also be paid their normal salary.
If an employee fails to pass their probationary period, the employer should be well placed to demonstrate that the employee's employment was terminated for a fair reason.
What happens after a probation period? The full obligations of your contract come into effect, including your notice period. If the employer withheld certain benefits during probation, you'll become entitled to them.
How do you fail an employee on probation?
Provide evidence that supports any performance concerns and give the employee an opportunity to respond. Decide on appropriate action, after considering any alternatives, such as extending the probation period. Confirm the outcome to the employee in writing and clearly set out the reason for the dismissal.
If you've decided to dismiss an employee, perhaps for poor work performance or bad conduct, you can do so at any time – either during, or at the end of, their probationary period. You don't have to follow a procedure, give them a warning or even provide notice. However, it is considered good practice to do so.
In unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed.
Typically, probation lasts anywhere from one to three years, but can extend longer and even up to life depending on the type of conviction, such as drug or sex offenses.
Once you complete your probation (whether 3 or 6 months), do not expect a pay rise as it is not automatic, however, it is a good time to negotiate if your employer wants to provide you ongoing employment or if you are planning to stay on with the company.
At the end of the probation period, companies review your performance to decide whether you require an induction to enter into full-time employment. Based on the result of such review, companies may recruit you as a regular employee, terminate the employment or extend your probation period.
References
- https://www.davidsonmorris.com/employee-rights-during-probation/
- https://www.firstpracticemanagement.co.uk/blog/posts/probationary-periods-a-guidance-to-probationary-periods/
- https://www.cloverhr.co.uk/probationary-periods-what-you-need-to-know-2/
- https://khatabook.com/blog/probation-period/
- https://www.citizensadvice.org.uk/work/dismissal/check-your-rights-if-youre-dismissed/dismissal/check-if-your-dismissal-is-fair/
- https://gulfnews.com/living-in-uae/ask-us/uae-labour-law-do-i-have-to-pay-my-employer-if-i-resign-1.1668008152415
- https://www.davidsonmorris.com/probation-review/
- https://employsure.com.au/guides/hiring-and-onboarding/probationary-period/
- https://www.joblaw.ca/employment-contracts-negotiable/
- https://www.naukri.com/blog/what-is-probation-period-and-how-to-pass-it-successfully/
- https://www.dir.ca.gov/dlse/paid_sick_leave.htm
- https://citrushr.com/blog/day-to-day-hr/what-is-a-probation-period/
- https://serr.co.za/5-important-facts-about-probation-that-every-employer-should-know
- https://www.indeed.com/career-advice/career-development/how-often-should-you-get-a-raise
- https://www.upgrad.com/blog/ways-to-handle-probation-period-successfully/
- https://www.firstpracticemanagement.co.uk/blog/posts/everything-you-need-to-know-about-probationary-periods/
- https://www.mcveaghfleming.co.nz/articles/probationary-periods
- https://www.legalline.ca/legal-answers/rights-of-an-employee-on-probation/
- https://www.findlaw.com/criminal/criminal-procedure/probation-faq.html
- https://www.citation.co.uk/news/hr-and-employment-law/dismissal-during-probationary-period/
- https://www.ronaldbrower.com/blog/2022/02/types-of-probation-in-california/
- https://www.labourguide.co.za/probation
- https://www.keystonelaw.com/keynotes/probationary-periods-what-employers-need-to-know
- https://worknest.com/blog/soon-can-new-worker-take-holiday/
- https://laborlaw.ph/probationary-employment-contract/10816/
- https://www.hralacarte.ca/blog/can-i-fire-my-employee-during-their-probationary-period
- https://www.cultureamp.com/blog/90-day-probation-period-for-new-hires
- https://gusto.com/blog/health-insurance/health-insurance-employer-waiting-period
- https://in.indeed.com/career-advice/starting-new-job/what-is-probation-period
- https://landaulaw.co.uk/probation/
- https://www.myhrtoolkit.com/blog/how-to-dismiss-an-employee-on-probation
- https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed
- https://work.chron.com/asking-higher-salary-after-probation-1142.html
- https://www.e-careers.com/career-advice/tips-for-passing-your-probation-at-work
- https://www.sparqa.com/insights/extending-a-probation-period/
- https://www.jobsite.co.uk/advice/what-is-a-probation-period
- https://www.personio.com/hr-lexicon/probation-review-meeting/
- https://work.chron.com/employers-offer-salary-increase-after-probationary-period-28182.html
- https://www.citation.co.uk/news/hr-and-employment-law/a-guide-to-probation-period-employment-law-in-the-uk/
- https://emeritus.org/in/learn/what-is-probation-period/
- https://www.breathehr.com/en-gb/blog/topic/recruiting-talent/what-is-a-probation-period
- https://www.springhouselaw.com/knowledge-hub/disciplinary-and-performance-issues/dismiss-employee-during-probation-period/
- https://www.linkedin.com/pulse/how-ask-payrise-end-you-probation-period-mathew-geregl
- https://employmentlawyer.london/employers/calculating-probation-notice-and-unfair-dismissal/