Process

Probation period

Last reviewed

Also called: probationary period, trial period

Definition

A period at the start of employment during which the employer assesses the new hire. Its legal effect varies by province or state.

Definition

A probation period is the first phase of employment, during which the employer and the new hire confirm the job is a fit. Its length is often set in the contract or collective agreement. Note that employment laws do not always use the word "probation"; they usually set continuous service thresholds instead.

Examples by jurisdiction

  • Ontario: according to the guide to the Employment Standards Act, an employee with less than three months of service is not entitled to notice of termination or termination pay.
  • Quebec: according to the CNESST, the termination notice under section 82 of the Act respecting labour standards is owed from three months of continuous service.
  • United States: employment is generally "at will"; a probation period is mostly a matter of internal policy.

Contracts or case law may grant more. General information, not legal advice.

Key takeaway

Set clear goals on day one and check in at regular intervals. Example: a check-in at day 7 and day 30, then a review before the three months end, so the decision rests on facts rather than impressions.

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