Trial periods

What’s a trial period

It can be for up to 90 days — your contract must say how long it is. Only businesses with 19 employees or fewer can use the trial period.

The trial period starts when you begin working. It means that your employer can end your employment during the trial period.

You need to:

• sign the employment agreement before starting work
• know that your employer can give you notice during your trial period.

If you’ve worked past the trial period without being dismissed, you’ll automatically keep the job.

Trial periods

Your rights

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 permanent staff.

Age discrimination at work

Minimum rights of employees

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 on an individual employment agreement

For your first 30 days, terms and conditions in your individual employment agreement must match the collective employment agreement — for example, if the collective agreement says you can’t have a trial period, an individual agreement can’t say something different.

If your employer has 20 or more employees

Your employer can use a probationary period to find out if an employee can do a new job. Probationary periods must be in your employment agreement.

Probationary periods