Employment probation contract template

Like other employment agreements, it outlines the duties and responsibilities of the probationary employee for their employment. It also outlines the rights, compensation, and benefits of the probationary employee that arise out of their employment.

However, unlike other employment agreements, a Probationary Employment Agreement also outlines the standards or criteria under which a probationary employee will be evaluated to see if he qualifies as a regular employee. A probationary employee is usually hired on a probationary employment. Probationary employment is a time, starting from the engagement of the probationary employment, when the probationary employee undergoes a trial period.

During this time, the employer determines whether the probationary employee qualifies and the probationary employee seeks to prove that they qualify as a regular employee based on reasonable standards.

These standards should be made known to the probationary employee at the time of engagement otherwise if the standards are not made known to the probationary employee , the probationary employee will be deemed a regular employee. Unlike probationary employees, regular employees can only be dismissed from employment for just and authorized causes under the Labor Code of the Philippines. Probationary employees, on the other hand, can be dismissed, not only for just and authorized causes, but also for failure to qualify as a regular employee in accordance to reasonable standards that were made known to them at the time of engagement.

One of the ways to ensure that the standards was made known to the probationary employee is to include the same in the employment agreement. Since the employment agreement will have to be read and signed by the probationary employee, they would be made aware of the standards for qualifying as a regular employee.

On top of having the standards outlined in the employment agreement, the employer should also explain the same to the probationary employee at the time of engagement. This will allow the probationary employee to ask any questions or raise any concerns that they may have. Having the standards outlined in the employment agreement can also serve as written proof that the standards for regularization were made known to the probationary employee at the time of their engagement.

The period for probationary employee should not exceed 6 months, which should be counted as calendar days. Generally, if the probationary employee is allowed to work beyond the probationary period then the probationary employee becomes a regular employee.

This document also contains a non-disclosure clause, however, the parties may also use a separate Non-Disclosure Agreement if necessary. If the employer is merely offering possible employment to the employee, then an Employee Offer Letter may be used. The Employee Offer Letter is an offer of employment. It invites the potential employee to discuss the potential employment with the employer.

The user should enter all the information necessary to complete the document. It is sufficient that The DOLE issued clarification guidelines on the current Theft can fall under serious misconduct or willful breach of trust. In either case, it can be ground for Sample computation of the 13th month pay mandatory benefit is shown here to guide both the employer and employee Probationary employment contract template is provided for guidance and reference.

Sample Probationary Contract Form No. Effectivity Date 1. Employer 2. Employee 3. Description of Work 4. Related Posts 16 May. Get in Touch!

All Rights Reserved. Soleil Digital. The Employee shall be paid amount monthly, which shall be given on the 13 th and 28 th day of each month. The Employee on probationary status shall be entitled to a pro-rated year-end bonus. The Employer shall deduct from the salary of the Employee the amounts authorized by pertinent laws and those stated in the collective agreement. The Employee shall be on probation for six months starting from the time of his employment.

The probationary period has been explained and is understood by the Employee prior to his signing this Agreement. The Employee is also supplied with an Employee Handbook containing the terms and conditions of probationary employment. The Employee shall be evaluated by his immediate supervisor and the department manager to determine if Employee meets the standards to become a regular employee. The Employee shall be notified of the evaluation one week before the scheduled date.

The Employee shall acquire regular status upon the satisfactory evaluations and recommendations made by the individuals mentioned above. Similarly, a probationary employee can use the probation period to make their own self-assessment and ponder if the company can provide a work environment they can work for and have to go through a probation period typically ranging from three to six months only to probably fail along the way or not make it in the end.

It helps in performance improvement. A probationary period can be used as time for existing employees to pick themselves up from having been slacking and underperforming.

Likened to a warning, it allows for employees to improve their performance and maybe even develop a learning plan for themselves through which they can follow through and work on what needs to be corrected. Similarly, an employer can also craft employee development plans to help employees render better service. Basic Components of a Probation Contract 1. Length of Probationary Period In general, probationary periods should only last for three to six months.

If the contract allows a provision for the employer to extend this, it shall not exceed a year as this can be deemed unfair to the employee regardless if it cannot be helped that ample time is needed to further monitor their performance.

It is important that the probationary understands how long they are to be under probation more so when the contract stipulates the option for an extension because if not, the employee would have automatically passed the probation period and the employer can no longer make an agreement with the employee for an extension. Otherwise, contractual disputes should be inevitable. Notice of Completion and Termination The contract or the clause should also be sure to explain how an employee is determined to have passed the probationary period.

If an employee fails, it is the duty of the employer to inform what could have been the reasons as to why the employee was not able to pass the probationary period and this should be supported by documentation proving this to be the case. Failure to present evidence could be used as leverage by the employee if they were to make a legal claim against the employer despite the latter having the legal right to exercise terminating employees if they think it necessary.

Even the promptness of how an employer breaks it to the employee that they cannot proceed to securing the job position should be noted because if the employer missed to inform the employee and a good period of time has lapsed since the intended end of the probationary period, this could serve as grounds for legal dispute. Likewise, a written notice of job termination should also be served to the employee if they fail to meet the qualifications of the company within reasonable time before the termination date.

Termination Procedure While poor performance in the job is considered grounds for termination, an employee can have a legal claim if the probationary period were to violate what was stipulated in the contract which is essentially violating the law. It is thus important that the contract is able to outline the causes that may provoke termination of an employee. Detailing the grounds to fire someone will serve as evidence that whatever the reason could be is within the contract that the employee has agreed to therefore preventing the fired employee from crying wrongful termination.

How to Successfully Carry Out a Probation Contract According to the Labor Relations Act , the employer is expected to perform certain obligations in order for the probationary period to be a meaningful one for the employee and the company but most importantly to ensure that the probationary period is not a condition to be abused but subject everyone to a fair procedure. Some of these obligations are: Inform the employee.

For an employee to successfully complete the probation period, it is important that they fully understand what the job contract entails. It can even be because of the language that the contract is written in that may cause employees to overlook what it could mean in favor of just going through an employment contract they think they understand the gist of. It is thus important that an employer is able to word the contract in a way that can be easily comprehended and encourage an employee to raise questions should confusion arise.