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Part-time to fulltime - probation?

  • 23-07-2016 9:22am
    #1
    Registered Users, Registered Users 2 Posts: 4,465 ✭✭✭


    Hi Guys,

    We took on a number of part-time staff to fill our seasonal rush and one in particular we were quite happy with and have decided to make full time.

    In his new fulltime contact, can i start him on 6 months probation, or does the previous 3 months count towards that, as in, can i only write 3 months probation into his contract now or can i start probation from scratch?

    Regards,

    CC.


Comments

  • Registered Users, Registered Users 2 Posts: 122 ✭✭MrBobbyZ


    Probationary period

    The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 1997–2007 will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:
    •The contract of employment is in writing
    •The duration of probation or training is one year or less and is specified in the contract.

    The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy-related matters, or entitlements under the maternity protection, parental leave, adoptive leave and carer's leave legislation.


  • Registered Users, Registered Users 2 Posts: 122 ✭✭MrBobbyZ


    Has the staff member a contract of employment?
    Does the contract refer to a probationary period and does it detail the length of this period?
    Many places have an option to extend the probation period written into the contract (eg. 6 months probation period with an option to extend a further 6 months)


  • Registered Users, Registered Users 2 Posts: 26,437 ✭✭✭✭Mrs OBumble


    If you can make it a different job, not just the same job for different hours, then you can start the probation clock again.

    Otherwise it keep ticking, AFAIK.

    On the other hand, your exposure is low here: you already know and like the person, so hopefully you'll have no need to use the probation period anyways.


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