The primary objective of a probationary period is to enable employers to evaluate an employee's performance prior to confirming their permanent employment. Employers must be mindful that probationary periods in South Africa are regulated by the Labour Relations Act (LRA) and its corresponding with the Code of Good Practice. Furthermore, as stipulated in Section 8 [...]
Probation, or the probation period for that matter, is a period that is used to assess and measure the suitability of the employee for the role, as well as to measure the performance of the employee during this time. Naturally, there will be instances whereby it becomes apparent, or it appears that the employee’s performance [...]
It is important to acknowledge that employers are typically expected to hire candidates who are well-suited and capable of fulfilling their duties based on their prior experience. However, it should not be overlooked that workplace cultures and operational practices vary, which may make it challenging for the employee to adapt to the new role and [...]
Employees are one of the most valuable assets in a company, especially having the right employees. Therefore, employers often need to "try out" the employees to see if they have the necessary skills and will be compatible with their new working environment. That is where probation comes in. The purpose of a probation period is [...]
The purpose of this article is to highlight the rationale and justification for entering into a fixed-term contract whilst comparing the stark differences between a fixed-term contract as opposed to a probationary clause in an employment contract. These two concepts are often misinterpreted or misunderstood by employers, and it is vital that the legal context [...]
A common misconception still exists among employers regarding the use of probation clauses in a contract of employment relating to dismissals and termination of contracts. Probation is a specific period an employee is employed before confirming permanent employment, the purpose of which is to establish whether the employee meets specific criteria and is suitable [...]
The CCMA (Commissions for Conciliation, Mediation and Arbitration) is an independent juristic forum that helps to resolve labour disputes between the employee and employer. In South Africa, probation is regulated by Schedule 8 of the LRA (Labour Relations Act 66 of 1995). What is probation period? In terms of clause 8 of Schedule 8 [...]
A common misconception exists among employers regarding the use of a probation clauses in a contract of employment relating to dismissals and termination of contracts. Probation is a specific period of time an employee is employed before becoming permanent, the purpose of which is to establish whether the employee meets specific criteria and is suitable [...]
At the beginning of an employment contract, the employer can set a probationary period in order to evaluate the worker’s performance before confirming the appointment. […]