90-day trial period
The trial period is a voluntary agreement between you and your employer and has to be written in your employment agreement or contract.
The trial period can be less than 90 days — your contract must say how long it is.
Changes to trial periods
If the Employment Relations Amendment Bill becomes law, only businesses with less than 20 employees will be able to use the 90-day trial period.
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What a trial period is
The 90-day trial period starts when you begin working. It means that your employer can end your employment during the trial period without giving a reason.
You need to:
- voluntarily sign the agreement before starting work
- know that your employer can give you notice during your first 90 days at work.
If you've worked past the 90-day trial period without being dismissed, you’ll automatically keep the job.
During the trial period, you:
- can't bring a personal grievance against your employer for unfair dismissal
- can bring a personal grievance if you've been treated unfairly in other ways — for example, discrimination or harassment
- have the same minimum rights as anyone else.
If your employer decides to fire you, they must give you:
- notice while you're in the trial period — even if your last day will be after the end of the trial period
- as much notice as is in your employment agreement.
If you've worked for your employer before
You can't be put on a trial period.
If you're a union member
Your individual and collective agreements must match — for example, if your collective agreement says you can't have a trial period, your individual agreement can't say something different.