Most organizations will expect you to pass a probationary period when you start. This "trial" typically lasts between one and six months – time enough for both you and your employer to decide whether the job's really right for you. It may sound daunting, but it's not just about you proving your worth to your employer.
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.
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. If your employer is dismissing you because they're not happy with your work, ask them if they'll extend your probation period or give you extra training so you can do your job better.
You may be asking, can an employee resign during the probation period? The short answer is yes. Just as you can terminate an employee, employees are entitled to resign during their probation period. They may realise that the job doesn't suit them or that they don't fit the workplace environment.
Many employers offer the possibility of a pay raise at the end of the probationary period. A raise is a testament to the satisfactory work a new-hire performed during the probationary period, which may last from a month to several months, depending on the employer.
What To Do If You Want To Leave Earlier Than Your Notice Period. Leaving your employment earlier than the notice period specified in your contract will put you in breach of contract, unless you and your employer can come to a mutual agreement that allows you to shorten the length of your notice period.
Generally, an employer has the right to end the employment of an employee at any time, as long as they provide the required length of notice or pay in lieu. The exception is where the dismissal is in violation of human rights legislation. For more information, see the Alberta Human Rights Commission.
“Even though you are on probation, a dismissal due to taking sick leave would be illegal. So, while you can be fired during probation if you are not performing as expected, your employer is not allowed to dismiss you during probation (or any period) for unlawful reasons (known as unlawful dismissal).
Employees on a probationary period, whether it's a 1, 3 or 6 month probation period, still have statutory employment rights, including but not limited to; unlawful discrimination, national minimum wage, the working time directive, statutory sick pay, maternity and paternity leave, and time off for dependents.
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.
DO I HAVE TO PAY FOR MY VISA CHARGES IF AM TERMINATED DURING PROBATION PERIOD? No, you don't have to reimburse or compensate your employer for visa expenses if you're terminated during probation.
LENGTH OF PROBATIONARY PERIODThere is no law determining the length of a probationary period. However, there is an expectation that the employer will be reasonable. 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.
If your employer has decided to extend your probation without prior agreement, however, they will be in breach of contract. In many cases, your employer may seek your consent to increase your probationary period if there is no contractual right reserved in your contract of employment.
