What is a 90 day trial period and how does it work?
From 1 April 2011 all employers will be able to employ new employees on a trial period of up to 90 calendar days.
What is a trial period?
As part of an employment agreement, an employer and employee can enter into a written agreement that, for the specified and agreed number of days but no more than 90 calendar days, the employer can dismiss the employee without the employee being able to take a personal grievance for reasons of unjustified dismissal.
If I am an employee, will the trial period apply to me?
From 1 April 2011, a new employer can provide you with an offer of employment which includes a trial period. A trial period is voluntary, and must be agreed to by the employer and employee in writing in good faith as part of an employment agreement.
If I am an employer, will I be able to offer a trial period to new employees?
From 1 April 2011 employers will be able to offer trial periods to new employees. Any trial period that you agree to with a new employee must be agreed to in good faith as part of their written employment agreement.
The written employment agreement should be signed by both you and your employee at the beginning of your employment relationship. A signed employment agreement may reduce the risks of legal challenge.
You and the employee must both bargain in a fair way.
Notice must be given within the trial period, even if the actual dismissal doesn't become effective until after the trial period ends.
An employer and employee may agree to a trial period only if the employee has not previously been employed by the employer.
For help building an agreement refer to the Employment Agreement Builder
Date Modified: Friday, 6 May 2011
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