What you need to know about The Employment Code of 2019: Probation – Part 5

In a workplace setting, probation or the probationary period is a status accorded to new employees or employees taking on new responsibilities. This period allows an organisation’s leadership team to evaluate the employees’ suitability, not only for the role but for the organisation as well.

Previously, the existence and duration of this period were left to the employer’s discretion. The Employment Code Act No.3 of 2019 now provides guidelines for this period.

What the Code says about Probation

  1. The employee can be employed for a probationary period not exceeding 3 months to determine the suitability of the engagement. This period can be extended for a further period not exceeding 3 months.
  2. Before the end of the probationary period, an employee should be assessed, and the result should be communicated to the employee before the end of the probationary period in writing. Where the employer does not notify the employee, the employee shall be confirmed in the position from the date of the expiry of the probation period.
  3. In an instance where either the employer or employee wishes to terminate the employment relationship, at least 24 hours notice should be given. Although, the employer should abide by the guidelines set up for terminating an employee.
  4. An employee who was not terminated for performance-related reasons when re-employed by the same employer for the same role shall not be subject to probation within a period of two years.

For more on the Employment Code Act No.3 of 2019, check out Parts 1, 2, 3 & 4, and look out for more over the next 4 days.

One thought on “What you need to know about The Employment Code of 2019: Probation – Part 5

  1. How do you handle a situation where an employee on probation is terminated with immediate effect for failed probation but no assessment was done nor shared with the employee prior to the termination. Also, is the employee entitled to repatriation as he was hired from out of town and relocation allowance was paid upon him starting work but, 50% of it was later recovered from his end of service benefits upon termination.


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