The biggest misconception about work probation is that that probationary employment diminishes an employee’s labour law rights. We dispel this myth.

Congrats! You’ve been hired and ready to start a new chapter of your life at a new company. 

But you’ve signed a contract that states you’re on probation for a few weeks or months. You may be a little worried and wondering how secure this job opportunity really is:

• Does this mean you’re an employee or not?
• Are they able to fire you before your probation ends?
• Does this not make it easier for a company to quickly hire and then quickly fire you - as they please?

That’s why we’ve simplify the concept of work probation for you.

What exactly is probation?

1. The company decides how long the probation lasts depending on the circumstances of the industry and job role.

2. It is a (written or unwritten) conditional contract in which the employer tests and assesses the employee’s capability to perform the necessary tasks needed for that job role for a specific time frame.

3. It is a means for the company to monitor and evaluate the new employee’s performance to determine their suitability. 

4. Probation is not a means to fire employees willy nilly.

5. An employee cannot be fired at the end of the probation period unless proper disciplinary procedure has been followed, i.e. evaluation, counselling, guidance and training.

Related: How to deal with poor performing employees 

6. Companies may be referred to the CCMA for unfair labour practice if they attempt to extend a probation period without following the proper legal procedure above.

7. The performance standards, expectations and requirements should be well defined, reasonable, and evaluable.

8. Poor performance needs to be addressed through counselling and an opportunity for the employee to defend his or her case before dismissal is deemed legal.

9. Employees on probation are to be treated as all employees in terms of rules and disciplinary procedures, and even benefits such as annual leave and sick leave.

10. Training management is compulsory for the implementation of a probation policy.

It is a common fallacy that being on probation means that you’re only half an employee. Most people believe that probationary employment diminishes an employee’s labour law rights. Truth is, it doesn’t. 

The end of probation doesn’t mean you’re all of a sudden a fully-fledged employee. You’ve always been an employee, your company just wants a specific time frame to assess and try to correct your performance.

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So, probationary employees, if you’re planning on doing a great job and being a great employee, you don’t have to worry at all. Now all that’s left is to become that incredible employee every boss dreams about.