- Can I Include A Probationary Period In The Labour Contract?
- March 14, 2013
- Law Firm: Mayer Brown LLP - Chicago Office
Yes. The maximum length of the probationary period you can impose on an employee will depend on the term of the labour contract. Where the term of a labour contract is more than three months but less than one year, the probationary period must not exceed one month. Where the term of a labour contract is more than one year but less than three years, the probationary period must not exceed two months. For fixed-term contracts of three years and above and non-fixed-term labour contracts, the probationary period must not exceed six months.
For labour contracts which expire upon completion of an agreed assignment, or labour contracts with a term of less than three months, no probationary period may be imposed.
Only one probationary period may be imposed by an employer on an employee even if the employee leaves and subsequently rejoins the employer.