This directive sets out the requirement for new employees to serve a probationary period. It covers the length of probation, extension of probation, and dismissal or termination during the probationary period. See full list on alberta.
An individual starting employment in the public service in a full- or part-time permanent position or a temporary position will serve a probationary period. On satisfactory completion of the probationary perio an employee may be granted permanent appointment. An individual who is hired specifically for a temporary position may be granted a temporary appointment.
Once an employee has served the required probationary period in a temporary or permanent position in the Alberta Public Service, the employee is not required to serve a further probationary period upon appointment or promotion to another position, provided there is no break in service (PDF, 8KB). A person appointed to a position in a bargaining unit class will serve the probationary period specified in the appropriate subsidiary agreement of the Collective Agreement. A person who is appointed to a position in a bargaining unit class but whose position is excluded will serve the probationary period prescribed in the appropriate subsidiary agreement of the Collective Agreement. The deputy head may decide to count all or part of any previous relevant employment in the public service towards the required probationary period.
Normally, the length of this extension would not exceed the length of the original probationary period. The process for extending probationary appointments for bargaining unit employees is set out in the Collective Agreement. If an employee holds a position in an opted out, exclude or management class, or an excluded position in a bargaining unit class, an extension requires written notice to the employee at least one month before the end of the normal probationary period. However, the minimum notice requirements of applicable legislation must be met.
In Ontario, this means once the employee has been employed for three months, she is entitled to one week of statutory notice or the equivalent pay in lieu of notice unless. If an employment agreement does in fact contain an explicit right to extend the probationary period , employers can extend them provided that they comply with any contractual requirements for such extensions. Much like the probationary period itself, the right to extend a probationary period is not automatic and must be set out in the original employment agreement.
Failure to stipulate a right to extend the probation period can result in a constructive dismissal of the employee and give rise to an action in damages. In Ontario, this means that once the employee has been employed for three months, she is entitled to one week of statutory notice or the equivalent pay in lieu of notice. Understanding employment laws in Canada can be confusing and frustrating.
The most common questions that we receive from employees pertain to their legal rights or entitlements as a result of dismissals. This article was specifically prepared to decipher some of the fundamental legal concepts applicable to the without cause dismissals of probationary employees. The period of probation may be extended by written agreement of the Union and the Employer. Employee who is absent for a period of paid or unpaid leave exceeding twenty (20) consecutive Work Days during the probationary period may, at the discretion of the Employer, have the probation period extended by an.
In a situation where a new business owner takes over, the employment period is considered continuous employment and the notice period requirement applies. Employment Standards provides the following notice periods when you are terminated from your job: If you are on probation for a period of months, you are not entitled to any notice. When the employee’s wages vary from one pay period to another, the weekly average of the employee’s regular wages for the weeks in which the employee worked preceding the date of termination, not simply the calendar weeks immediately preceding the date of termination is used to determine the employee’s termination pay. Agree an extension : employees may agree to vary their contract to extend the probationary period , as this offers them an opportunity to prove their value to the employer. If this option is being considere we recommend ensuring that the discussion happens in good time before the original probationary period expires.
As for extending the probationary period , this will, in many cases, violate employment standards legislation. In Alberta , the province’s Employment Standards Code provides for a three-month statutory probationary period , as do many other employment standards statutes. Extended Probation Completion Letter. Of course, there will be some occasions where an employer might need a little more time to assess an employee’s suitability for the role. To that en the probationary period clause should expressly state that the employer has the right to extend the probationary period by the same period again.
Minimal standards legislation, however, does not contain any provisions on probationary periods, and as such, they may extend past months. Employers that implement probationary periods past months must consider additional factors. This is a very common question employers ask themselves after having employed a new staff member who may not be suitable for the business. Before we answer this question, it is best that we explain the purpose of a probationary period. Retaining the status quo for job protection for parental leave at weeks, but allowing for a potential future increase to align with proposed federal Employment Insurance benefits.
Legal Probationary Agreement It is very important for any business that has a probation period for new hires to have a legal probationary agreement. It can protect the human resource person from employing an unsatisfactory person and will protect the company from any legal liability from an unsuitable person.