Legal Matters By Jessie Taylor
Probation periods A tool to assess employee skills
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n a job market that is increasingly experiencing a skills gap, many employers are turning to probation clauses in the contracts of new hires to test their on-the-job performance. These clauses are tightly regulated under South African labour law but can benefit employers and employees if managed correctly.
A tool for evaluation
A probation period allows employers to measure an employee’s skill set within the first few months of their contract. However, it does require employers to put several processes in place first. The probation period must be clearly defined in the labour contract signed by the new hire. This clause
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must set out the time period for the probation and the notice period to be applied should the employee not meet the required performance standards. Many contracts include three months for probation, but it may differ depending on the job requirements. There is no legislation dictating how long the probation