90 Day Trial Employment Agreement

For your first 30 days, the terms of your individual employment contract must be in line with the overall employment contract – for example, if the collective agreement states that you cannot have a trial period, an individual agreement cannot say anything else. There are very strict parameters around this legislation so that it can be used for this purpose and not just as a mechanism to help the employer hack and change workers after authorization. The Labour Court is seized of three important cases which have defined the application of this clause. As a result, there are many employers and workers who believe that their employment contract is subject to a 90-day trial period if this clause is not considered valid in their employment contract before our courts. To the dismay of employers and the joy of workers, this is usually only discovered when there is an employment relationship problem. One of the problems for employers is that it is impossible to remedy the shortcomings of their 90-day test period clause a posteriori if they find that it is currently invalid. 90-day tests were introduced in 2008 for small businesses and extended to all employers in 2010. The provision allows employers to „test” new employees for up to 90 days. The 90-day trial period allows employers to dismiss new employees within the first 90 days of their employment, without the employer having to give the worker any reason and without the employer facing legal action for unfair dismissal. In other words, the worker cannot file a personal complaint for unfair dismissal. Simply put, a worker was essentially not allowed to file a personal complaint of unfair dismissal within the first 90 days, if there was a valid 90-day probation period. While you do not have a legal reason to terminate the employment relationship as part of a 90-day trial, you are nevertheless required to deal in good faith with the employee, so it is recommended that you first speak with the employee during the study to indicate where they do not meet your standards and that improvement is needed. .

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