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New Probation Period on Permanent Contract

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  • 16-12-2014 6:46pm
    #1
    titan18
    Registered Users Posts: 11,935 ✭✭✭✭


    Hi,

    I've been working with a company for close to 11 months now on fixed term contracts, and they recently just gave me a permanent contract. On that contract, it says that there's a probation period of 6 months on it.

    To me, I've worked there for 11 months already, and the fact they want to make me permanent proves they're satisfied with my work. Should I have to do another probation period, or should that have been it?


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    #2
    brinty
    Closed Accounts Posts: 8,333 ✭✭✭brinty


    titan18 wrote: »
    Hi,

    I've been working with a company for close to 11 months now on fixed term contracts, and they recently just gave me a permanent contract. On that contract, it says that there's a probation period of 6 months on it.

    To me, I've worked there for 11 months already, and the fact they want to make me permanent proves they're satisfied with my work. Should I have to do another probation period, or should that have been it?


    Standard practice for all permanent roles. The fact you've been given a perm role is proof they're keeping you about


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    #3
    titan18
    Registered Users Posts: 11,935 ✭✭✭✭titan18


    brinty wrote: »
    Standard practice for all permanent roles. The fact you've been given a perm role is proof they're keeping you about

    Once you complete your probation period, you get extra perks (health insurance, pension etc). Is it not kind of unfair that I effectively have to work a 17 month probation?


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    #4
    SparrowHawk
    Registered Users Posts: 386 ✭✭SparrowHawk


    titan18 wrote: »
    Once you complete your probation period, you get extra perks (health insurance, pension etc). Is it not kind of unfair that I effectively have to work a 17 month probation?

    Unfair, I would say yes. Legal I would also say yes.

    If you don't like it, bring it up with HR/ Recruitment dept.


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    #5
    gandalf
    Registered Users Posts: 26,458 ✭✭✭✭gandalf


    Have you asked them about it? You probably got a standard contract, given you have worked there for 11 months and they have offered you a permanent position they may amend the contract accordingly. I'd suggest approaching your direct manager and broach it with them.


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    #6
    titan18
    Registered Users Posts: 11,935 ✭✭✭✭titan18


    gandalf wrote: »
    Have you asked them about it? You probably got a standard contract, given you have worked there for 11 months and they have offered you a permanent position they may amend the contract accordingly. I'd suggest approaching your direct manager and broach it with them.

    Yup, going to do that. Got the contract today. Was just wondering if this was standard before I started complaining


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    #7
    Mrs OBumble
    Registered Users Posts: 25,732 ✭✭✭✭Mrs OBumble


    In some companies when you go from temp to permanent one of the things to be negotiated is the start date: there's an option to backdate it to your temp worker start date, but it may not be offered unless you ask about it. Always worth asking, IMHO.


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    #8
    GladWrap
    Registered Users Posts: 39 ✭GladWrap


    Titan, you can request to negotiate your contract on this point stating what you have stated here which is a very valid reason. If the job is similar and enjoys similar conditions, then it's quite reasonable for your new contract to undertake your probationary period carried out in your fixed contract as time already served.

    Contrary to what has been stated here, a probationary period is not necessarily a legal obligation. More often than not, it is a point of policy within the organisation.

    Regarding "perks" re insurance et al, this commences straight away and not after the probationary period is over. That part is a legal obligation on the part of the employer. This should not be confused with the extension of legal rights regarding dismissal, though. At this stage, you don't really have any unless the circumstances are extenuating. You can thank our previous Prime Minister for that.

    Thing is, a period of probation is a recruitment process that determines suitability and compatibility to both the job and the workplace culture. If you're going into a different job then it's well within their rights for your new employer to request a probationary period.

    However, the standard practice for someone in the same organisation moving from a fixed contract to a permanent position within the same role is three months, not six.

    And that point can be broached as a viable part of your employment negotiation.


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    #9
    grace09
    Registered Users Posts: 3 ✭grace09


    GladWrap wrote: »
    However, the standard practice for someone in the same organisation moving from a fixed contract to a permanent position within the same role is three months, not six.

    This is great information GladWrap, thank you. I'm in a similar situation and wondering if this is written anywhere official that I could cite when talking to my employer?


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    #10
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    grace09 wrote: »
    This is great information GladWrap, thank you. I'm in a similar situation and wondering if this is written anywhere official that I could cite when talking to my employer?

    No. It's practice, not law


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    #11
    titan18
    Registered Users Posts: 11,935 ✭✭✭✭titan18


    grace09 wrote: »
    This is great information GladWrap, thank you. I'm in a similar situation and wondering if this is written anywhere official that I could cite when talking to my employer?

    If it helps, they agreed with me when I mentioned it to them, that I didn't need to work a further 6 month probation on moving contract. My probation was considered up


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    #12
    lbyrne121
    Registered Users Posts: 206 ✭✭lbyrne121


    hi I was wondering if anyone can help me with a query I have.

    Is there any chance of getting your probation period reduced?  It currently states in my contract 12 months.. I am getting on very well in the company, I am reaching 6 months there and going to ask can I be made permanent?

    The reason why is because I want to go for a mortgage and cant wait another 6 months..

    Any chance that this can be changed even though it says it in your contract?


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    #13
    Mezcita
    Registered Users Posts: 2,328 ✭✭✭Mezcita


    lbyrne121 wrote: »
    hi I was wondering if anyone can help me with a query I have.

    Is there any chance of getting your probation period reduced?  It currently states in my contract 12 months.. I am getting on very well in the company, I am reaching 6 months there and going to ask can I be made permanent?

    The reason why is because I want to go for a mortgage and cant wait another 6 months..

    Any chance that this can be changed even though it says it in your contract?

    No harming in asking. Especially if you explain your plans to get a mortgage.


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