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Legal considerations for probationary employees

On Behalf of | Jul 17, 2024 | Employment Law |

Probationary periods are an important time for both employers and new hires to see if they are a good match. In British Columbia, it’s crucial to understand the legal rules around probation. Both employers and employees need to know what is and isn’t allowed during this stage.

The purpose of probation

Employers might put new workers or employees moving to a new role on probation. This period is often about three months long, and there are several reasons for this phase, including:

  • To assess job performance and skills
  • To evaluate cultural fit within the organization
  • To monitor attendance and punctuality
  • To address specific performance issues identified during the hiring process

Suppose an employer feels an employee is not a good fit and decides to terminate a worker‘s employment during or after the probation period. In that case, they do not need to provide notice or extra compensation if the employment period was less than three months, and it is recommended to write this explicitly into the employment agreement. Where the employment period is for three consecutive months of employment or longer, and the employee’s employment is terminated without cause, an employer would be required to provide notice or pay in lieu of notice to the employee. The specific amount of notice or pay in lieu of notice depends on the employee’s length of service.

Responsibilities and restrictions during probation

During probation, employers might impose certain restrictions or assign specific responsibilities to the employee. These can include:

  • Performance reviews: Regular assessments to provide feedback and identify areas for improvement
  • Training programs: Mandatory participation in training sessions to enhance skills
  • Limited benefits: Temporary suspension of certain benefits until the probation period is successfully completed
  • Increased supervision: Closer monitoring by supervisors to ensure compliance with company standards

These measures aim to support the employee’s development while ensuring they meet the organization’s expectations.

Legal protections and employer obligations

During probation, employees still have rights that employers must observe. Failing to adhere to legal standards can lead to significant issues. Employees should be aware of their legal protections, which include fair treatment and a safe workplace. There should also be a clear, enforceable written contract outlining the duties and expectations during this period.

Employers who do not follow proper procedures risk legal repercussions. Further, failing to perform a good faith assessment during this period could mean employers must still compensate probationary workers they decide to let go.

Understanding the legal considerations of probationary employment is crucial for both employers and employees. Employers should implement clear, fair policies, and employees should be aware of their rights, fostering a more transparent and supportive workplace environment.

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