The process of bringing a new employee into your business is exciting and crucial. Probation periods serve as a vital tool in ensuring you have made the right choice, but they are far more than just a trial period – they are an opportunity for both employer and employee to build a strong foundation for a lasting professional relationship.
What is Probation?
Probation is a structured period at the beginning of employment designed to assess whether a new hire can meet the required performance standards of their role. While it might sound like a simple concept, it's actually a carefully regulated process under South African labour law that comes with specific responsibilities for employers.
Setting Up a Proper Probation Period
Duration and Documentation
The length of probation should be reasonable and directly related to the complexity of the job. For instance, a receptionist might require a shorter probation period compared to an accountant. Whatever the duration, it's essential to:
• Clearly document the probation period in the employment contract
• Specify the length of the probation period upfront
• Outline performance expectations in writing
• Communicate all requirements clearly at the start of employment
Key Responsibilities for Employers
Getting probation right means being proactive about:
1. Setting Clear Standards
• Define specific, measurable performance objectives
• Explain these standards clearly to the employee
• Document all expectations in writing
2. Regular Performance Monitoring
• Conduct frequent check-ins
• Document all evaluations
• Provide consistent feedback
• Address issues as they arise, not at the end
3. Support and Development
• Provide necessary training and guidance
• Offer regular counselling and instruction
• Create opportunities for the employee to improve
• Document all support provided
The Importance of Performance Reviews
Performance reviews during probation aren't just bureaucratic exercises – they're crucial tools for success. Here's why they matter:
Structured Feedback
Regular reviews provide:
• Clear communication about progress
• Early identification of potential issues
• Opportunities for course correction
• Documentation of performance trends
Development Opportunities
Use reviews to:
• Identify training needs
• Set improvement goals
• Discuss challenges openly
• Create action plans for success
Common Pitfalls to Avoid
1. Don't treat probation as a free pass to dismiss employees without cause
2. Avoid waiting until the end of probation to address performance issues
3. Never skip proper documentation of performance discussions
4. Don't extend probation without proper consultation and documentation
Legal Considerations
Remember that probationary employees have significant legal protections:
• They must receive fair opportunity to improve
• They have the right to representation in discussions about their performance
• They must be given a chance to respond to performance concerns
• Dismissal should only occur after proper process and documentation
Making the Final Decision
When approaching the end of probation, ensure you:
1. Review all performance documentation
2. Consider any improvements made
3. Consult with the employee about their progress
4. Make a fair and informed decision about permanent employment
Best Practices for Success
1. Keep detailed written records of:
• All performance discussions
• Training provided
• Improvement plans
• Employee feedback
2. Maintain open communication:
• Schedule regular check-ins
• Provide ongoing feedback
• Listen to employee concerns
• Document all significant conversations
3. Be prepared to extend probation if needed:
• Document the reasons for extension
• Set clear improvement targets
• Specify the extension period
• Get employee input on the extension
There are a few proposed (not confirmed) changes in regard with the Code of Good Practice on Dismissals. The amendment(s) to the act is currently open for public comment.
A few of the proposed changes are:
The proposed changes explicitly confirm employer's right to require probation before permanent appointment.
It also states that probation cannot use probation to deprive employees of permanent employment status or dismiss for reasons unrelated to performance/suitability.
Should it be implemented it also defines what employers will have to look at before considering a dismissal, the employee must have opportunity to make respond to the allegations and the employer must consider these points.
A few other Significant Proposed Changes from Current Code:
More employer-friendly approach, less prescriptive about specific interventions, greater flexibility in management, reduced burden of proof for employers and clearer distinction between probationary and permanent employment.
If these changes do get implemented – we will inform you in an update newsletter.
While we wait to see if the changes get implemented a reminder that a well-managed probation period isn't just about evaluation – it's about setting both the employer and employee up for long-term success.
By following these guidelines and maintaining clear documentation throughout the process, you can create a fair and productive environment that benefits everyone involved.
