When beginning a new job, a graduate may be asked by their employer to undergo a probation period. A probation period is an amount of time where an employer evaluates the performance of a potential employee to determine whether they are suitable for a role. Graduates may feel uncertain about the rules and processes around probation periods and whether they have the same benefits and entitlements as permanent employees. This article will explain what a probation period is, the entitlements of graduates during this interval, and the rules around the process.
What is a Probation Period?
A probation period is a vetting process where an employee is under direct supervision and scrutiny to determine whether they are able to fulfil the obligations of a role. The probation period typically lasts between three to six months from when an employee begins working, depending on the employer’s preferability and the requirements of a position. The purpose of a probation period is to allow employers to determine whether a potential employee is suitable for a role in a permanent capacity. This suitability assesses both their abilities and their personal traits and how they align with the workplace culture. Both full-time and part-time employees can be asked to undergo a probation period.
What are employees entitled to during a probation period?
Graduates undertaking a probation period have the same entitlements as other permanent employees. They are entitled to a regular wage or salary that is consistent with a registered agreement, award or minimum wage requirements of the National Employment Standards.Employees on probation are also entitled to paid leave entitlements. This is because despite the probationary period and its associated performance reviews, they are still employees that are carrying out work that is benefiting the company in some way. They are fulfilling the obligations of a role, just under the direct supervision of a manager as opposed to independently.
What is a Minimum Period of Employment?
The Fair Work Act enforces a minimum period of employment before an employee is entitled to file an unfair dismissal claim. This aims to safeguard employers against false dismissal claims due to an employee’s unsuitability at a role. According to the Fair Work Act, an employee must have worked at a company for at least six months before they can file an unfair dismissal claim. For employees that work at small businesses, this length of time is extended to 12 months. These regulations around a minimum period of employment are relevant to a graduate’s understanding of a probation period as at the end of this interval, the employer may decide that the employee is inadequate for the role and decide not to offer them permanent employment. The employer is thus protected from an unfair dismissal claim.
Can the Probation Period be Extended?
An employer can choose to extend a probation period. This may be because they are uncertain about a graduate’s abilities and need more time to assess whether they have the skills to begin working unsupervised and thus be offered a permanent position.
Is it Possible to Resign During Probation?
While a probationary period is primarily for the employer to evaluate a graduate’s performance, the graduate may find during this interval that they do not wish to continue employment at the company. Graduates that have been hired on a probationary period maintain the same rights and entitlements as full-time and part-time employees. This means that they can resign while they are on probation. They will still have to abide by the workplace’s policies or procedures around resignations as well as the terms of their employment contract. This will likely include providing the employer with a resignation notice. The probationary period may therefore end with the resignation of the graduate from the role.
How Does the Probationary Period End?
The end of a probationary period will depend on stipulations made by the employer. The employer may choose to set an end date before the probationary period begins. This end date will typically be a certain number of days after the graduate begins working. For example, probation may end 30, 60, 90 or even 120 days after the initial commencement date. Alternatively, an employer may choose to decide upon an end to the probationary period by holding performance evaluations. This can allow them to evaluate the graduate’s progress and determine when they are fit to begin permanent work. A probationary period may also come to an end if the employer decides to not continue a graduate’s employment in the role and at the company. This can be due to a variety of reasons, but primarily including consistently failing performance evaluations or failing to demonstrate progress and improvement.