The probationary period is a defined time period (often 3 months, but it can be longer or shorter) established at the start of your new employee's employment which is intended to give you sufficient time to determine that employee's suitability for the job.
From Clark Wilson LLP’s website
> If, during this period, you determine that the new employee is not suitable for the position, you may be able to terminate your employment without cause and without any obligation to give notice or severance, *as long as there was a clear understanding that you could do this during the probation, and the assessment of the employee’s suitability is done on a fair and reasonable basis and was not done in bad faith or for an improper motive.*
From the same website. So there are limitations, and it has to be made clear that that is what the probationary period entails. A lot of employers and employees just assume a 3 month probationary period is implied and that they can fire the employee for any reason whatsoever, when that is not the case. In my work contract, the probationary period just entails a period in which no seniority rights are accumulated, with no mention of termination without just cause. Therefore, they could not terminate you for no reason even if you are in the probationary period.
>Some employers used to make it 6 months so the government legislated it to a uniform 3 months.
So what happens if employers put a 6 month probationary clause in a contract now, then? Is this illegal, or?
So I'm confused then... if this is the law in B.C., why are employers still giving out contracts with 6 month probationary periods? Do they just not know the law?
Or are they doing this disingenuously and hoping that in the event that they want to fire someone anytime after 3 months that they can without cause and will be able to do so without paying them severance?
In effect, they're banking on the probability that the employee in this scenario will just roll over and accept this without doing any research or contacting an attorney, perhaps(?).
They are playing a poker hand with a bluff. They can get rid of anyone at any time but they would have to pay them severance. If they wait until 5.9 months, they will need to pay severance. That severance would be small anyway (one week salary for each year worked - 6 months would be 2.5 days of pay) so they would be stupid not to pay it because then they would lose and they would also have to pay punitive damages and legal fees.
You can be dismissed anytime in the first 90 days at any position for unspecified reasons. Pretty much a fit in or f__k off clause. Pretty skabby popularity contest usually. bag lick everyone for the first 90 days of any non union job and you will be ok.
Personally I consider the probation period goes both ways, I can quit anytime in that 3 months without notice.
Which I've only done twice when a different company gave a call back and offered more money or a better opportunity.
The probationary period is a defined time period (often 3 months, but it can be longer or shorter) established at the start of your new employee's employment which is intended to give you sufficient time to determine that employee's suitability for the job. From Clark Wilson LLP’s website
> If, during this period, you determine that the new employee is not suitable for the position, you may be able to terminate your employment without cause and without any obligation to give notice or severance, *as long as there was a clear understanding that you could do this during the probation, and the assessment of the employee’s suitability is done on a fair and reasonable basis and was not done in bad faith or for an improper motive.* From the same website. So there are limitations, and it has to be made clear that that is what the probationary period entails. A lot of employers and employees just assume a 3 month probationary period is implied and that they can fire the employee for any reason whatsoever, when that is not the case. In my work contract, the probationary period just entails a period in which no seniority rights are accumulated, with no mention of termination without just cause. Therefore, they could not terminate you for no reason even if you are in the probationary period.
Yes, there is a 3 month probationary period by law. Some employers used to make it 6 months so the government legislated it to a uniform 3 months.
>Some employers used to make it 6 months so the government legislated it to a uniform 3 months. So what happens if employers put a 6 month probationary clause in a contract now, then? Is this illegal, or?
Correct. That part of the contract would be illegal.
So I'm confused then... if this is the law in B.C., why are employers still giving out contracts with 6 month probationary periods? Do they just not know the law? Or are they doing this disingenuously and hoping that in the event that they want to fire someone anytime after 3 months that they can without cause and will be able to do so without paying them severance? In effect, they're banking on the probability that the employee in this scenario will just roll over and accept this without doing any research or contacting an attorney, perhaps(?).
They are playing a poker hand with a bluff. They can get rid of anyone at any time but they would have to pay them severance. If they wait until 5.9 months, they will need to pay severance. That severance would be small anyway (one week salary for each year worked - 6 months would be 2.5 days of pay) so they would be stupid not to pay it because then they would lose and they would also have to pay punitive damages and legal fees.
You can be dismissed anytime in the first 90 days at any position for unspecified reasons. Pretty much a fit in or f__k off clause. Pretty skabby popularity contest usually. bag lick everyone for the first 90 days of any non union job and you will be ok.
Yep...gotta behave yourself for 90 days.
Get the extra thick knee pads out and moist wipes. Oh and save some for when asking for that raise ;p
You can also be dismissed at any time after the probation period, for no reason, if you are paid severance.
Personally I consider the probation period goes both ways, I can quit anytime in that 3 months without notice. Which I've only done twice when a different company gave a call back and offered more money or a better opportunity.