What is the 90 Day Trial Period?
With this new 90 Day Trial Period law, does it mean that anyone who hires me can fire me within 90 days even if I haven’t done anything wrong?
I have been on a two-week probation period and I didn’t get paid. Can they do that?
What is the 90 Day Trial Period?
The 90 Day Trial Period is a voluntary arrangement which means that, in addition to other requirements, the employee has to freely agree with the employer for a trial period to be included in their employment agreement. It has to be set out in writing. From 1 April 2011, all employers can rely on one. For employees hired before 1 April 2011, only those employers with 19 or fewer employees could include a 90 Day Trial period in an employment agreement. Employers can also choose not to include a 90 Day Trial Period in Employment Agreements.
It is important to point out that although it is often referred to as the 90 Day Trial Period, a trial period in these circumstances can be agreed for a shorter period. 90 days is just the longest trial period allowed. If an employer wishes to dismiss an employee during a trial period, the employer must give notice of dismissal to the employee before the end of the trial period (even if that dismissal does not actually happen until after the date on which the trial period ended). If the employer waits until the trial period has ended before dismissing the employee, the employee will be able to challenge the dismissal by bringing a Personal Grievance if he or she wishes to do so. For more information, visit the Department of Labour website.
With this new 90 Day Trial Period law, does it mean that anyone who hires me can fire me within 90 days even if I haven’t done anything wrong?
If the notice of dismissal is given during the 90 Day Trial Period (or shorter agreed trial period) then an employer can dismiss an employee without consulting with the employee beforehand and without giving any reason. The employee is not able to bring a Personal Grievance against the employer in relation to the dismissal. It is important to remember that employees on a trial can bring other Personal Grievance claims based on other grounds such as discrimination, harassment, or to recover unpaid wages for example. It is also worth checking that there is actually a trial period clause in your employment agreement. For more information, visit the Department of Labour website.
I have been on a two-week probation period and I didn’t get paid. Can they do that?
No, that’s not lawful unless you agreed to work as a volunteer. You should be paid for all the hours you worked. The only difference between a probationary employee and a permanent employee is that a probationary employee hasn’t been confirmed in the job yet. A probationary employee still has to be paid and receive all the benefits that a permanent employee would get, such as minimum pay, leave, and health and safety. For more information, visit the Department of Labour website.