Probation Illegal?

philtaylor

Just a quick note , is it illegal to have an employee on probation for a period longer than 1 yr.

seamus

No, although they must specify the length of the probation, and the procedure at the end, as regards extending the probation, etc.

It's not OK to just continue telling someone that they're on probation, without any indication as to it's length or terms.

Lump

He he, short and simple I like it.

John

philtaylor

Cheers

whiskeyman

I'm pretty sure your employer can only start your probationary period for 12 months maximum, but then may extend (in writting).
It's worth knowing that The Unfair Dismissals Acts comes into force either after your probationary period (say if it were 6 months) or once 12 months service has elapsed.

philtaylor

Yeah I thought IBEC said something about a maximum of 1 yr , however looking at this for my wife who was told by personnel officer that they had a probabtion period of 2 yrs. Which I thought was a little harsh as that means they can fire you at any time??

whiskeyman

philtaylor wrote:

Yeah I thought IBEC said something about a maximum of 1 yr , however looking at this for my wife who was told by personnel officer that they had a probabtion period of 2 yrs. Which I thought was a little harsh as that means they can fire you at any time??

Well, they could technically let her go within the first 12 months, but they'd still have to give 1 weeks notice.
After the 12 months, the Unfairs Dismissals Acts comes in, so they cant fire her without good reason.
Does it actually state the probationary period is 2 years?
I'm pretty sure they cant do that.

seamus

philtaylor wrote:

Yeah I thought IBEC said something about a maximum of 1 yr , however looking at this for my wife who was told by personnel officer that they had a probabtion period of 2 yrs. Which I thought was a little harsh as that means they can fire you at any time??

It would appear I was a little hasty:
http://www.oasis.gov.ie/employment/starting_work/contract_of_employment.html

The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 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 in 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, Carer's Leave Acts.

This doesn't say that they *can't* have a probationary period of 2 years, but in accordance with the unfair dismissals Act, they can't fire her without reason once she has completed a year's employment, whether she's still in probation or not.
Also note that once she has completed 13 weeks of employment, she is entitled to the statutory minimum of 1 week's notice of dismissal for the rest of the 2-year period (regardless of what the contract says).

philtaylor

I should say I dont know if it says it directly in the contract but I have asked her to the get a written copy of the employment contract .

RicardoSmith

2 yrs does seem excessive, regardless of the law. You'd have to wonder about the intent behind that. I just finished a 9 month probabtion myself. Usually its 1-3 months.

0utshined

I'd guess they want it that long so they don't have to give pension and other benefits for 2 years.

RicardoSmith

0utshined wrote:

I'd guess they want it that long so they don't have to give pension and other benefits for 2 years.

Nice...