Employment Contract Template
An employment contract is a legally binding document that defines the working relationship between an employer and an employee.
Probationary period
A probationary period clause outlines a specific timeframe at the beginning of an employment relationship during which an employer can assess an employee's performance and suitability for the role. During this period, certain employment conditions, such as benefits or job security, may be adjusted compared to a permanent employment arrangement.
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20 Probationary period examples
- Description
3. During the probation period, if Party B is under any of the following circumstances, the employer may terminate the labor contract: 3.1 it is proved that it does not meet the employment conditions during the probation period; 3.2 seriously violating the rules and regulations of Party A's employer; 3.3 serious dereliction of duty and malpractice, causing significant damage to Party A's employer; 3.4 Party B establishes labor relations with other employers at the same time, which has a serious impact on the completion of Party A's work tasks, or refuses to correct after being proposed by Party A's employer; 3.5 Party B fraudulently causes Party A to conclude or change the labor contract against its true intention; 3.6 Party B is investigated for criminal responsibility according to law; 3.7 Party B is ill or injured not due to work, and is unable to engage in the original work or the work otherwise arranged by Party A's employer after the specified medical treatment period expires; 3.8 Party B is not competent for the job and is still incompetent after training or job adjustment.
- Description
(b) Probation period Both parties agree to determine the probation period in accordance with method _ below (the probation period is included in the term of the contract): 1. No probation period. 2. Probation period from __ (YY) __ (MM) __ (DD) to __ (YY) __ (MM) __ (DD). (The probation period for a contract term of more than three months but less than one year shall not exceed one month; for a contract term of between one and three years, the probation period shall not exceed two months; for contracts with terms in excess of three years or with no fixed term, the probation period shall not exceed six months. No probation period shall be set for contracts delimited by the completion of a work task or for contracts with a term of less than three months. The same employer and worker may only stipulate a single probation period).
- Description
The probation period is typically three months, a period for the customer to evaluate and confirm the acceptance of candidate replacement. During the probation period, the customer is entitled to request candidate replacement if dissatisfaction about the performance of candidate cannot be resolved after all means implemented, that is, the customer considers the candidate is not qualified for the job in the long term, and the candidate also has discretion in deciding whether to accept the job or not. The customer needs the time in probation period to observe and confirm whether they are able to direct the use of, and obtain substantially all of the benefits from the permanent placement of the candidate. Until then, uncertainty on the completion and satisfaction of the Company’s performance obligation is unlikely to be resolved. Therefore, the Company concluded that transfer of control and satisfaction of performance obligation occurs at the completion of the probation period.
- Description
2. During the probation period, regardless of whether Party B meets the above requirements, as long as one of the following circumstances occurs, Party A has the right to regard it as not meeting the hiring criteria: 1) Providing false identity certificates, academic qualifications, degrees, technical qualifications and other documents, materials, and certificates; 2) Concealing medical records, suffering from mental illness or other illnesses (including new illnesses and onset of existing illnesses), female employees became pregnant before onboarding but did not inform Party A before onboarding; 3) Concealing other labor relations that still exist or have not been terminated, or have confidentiality obligations or non-compete clause obligations to the original employer, but have not notified Party A prior to employment; 4) Unable to complete the tasks, unable to reach the work goal or unable to pass the probation period performance assessment, earning / evaluation points or above; 5) Being clearly not eligible for employment according to company policy; 6) Unable to attend work for reasons other than work-related injuries; 7) Refusing to complete tasks assigned by the supervisor.
- Description
2.2 During the probation period, Party A may terminate the Agreement immediately without giving any economic compensation to Party B provided that Party B has any of the following circumstances which shall be deemed as nonconformity with the employment conditions: (1) Where Party B fails to meet the recruitment conditions; (2) Where any educational background, personal resume, work experience, skill or health certificate, or any other information provided by Party B, or anything in the Personnel Profile completed by Party B, is inconsistent with facts or false; (3) Where Party B fails to complete any job, job indicator or task according to Party A’s requirements, or fails to pass relevant performance assessments; (4) Where Party B seriously violates any of Party A’s labor disciplines or rules and regulations (the “Rules”); or (5) Other circumstances stipulated by laws and regulations or the Rules.
- Description
3. Probation Period 3.1 The first 3 months of the Employment shall be a probation period (the “Probation Period”). 3.2 During the Probation Period, either party may terminate the Agreement at any time with notice of (3) three days equivalent in Working Days. 3.3 The Employer may extend the Probation Period at its discretion without prior notice to the Employee. The Employer will inform the Employee in the event of any extension of the Probation Period pursuant to this Clause 3.3. 3.3.1. Reference to the Probation Period in this contract includes any extension of the Probation Period under this clause. 3.4 Upon expiry of the Probation Period, and subject to receipt of the Employer’s notice confirming that the Employee has successfully completed the Probation Period, the Employee shall commence the confirmed employment period of this contract (the “Confirmed Period”).
- Description
Article 1 Category, term and probation period of a contract 1.1 Term of the Contract for the execution of Item 1 below: (1) 3-year fixed term: The term of the contract starts from the date of year and ends on the date of year. The probation period is 3 months, that is, from the date of (month) to the date of (month).If Party B has excellent performance during the probation period, he/she may be transferred to the full-time position in advance after being assessed by Party A. (2) No fixed term The term of the contract starts from the date of year. The probation period is one month, namely from the date of (year) to the date of (year). (3) The period shall be defined by the completion of certain work tasks: The contract period shall start from the date of the date of the year to the completion of the work tasks, and the mark of the completion of the work tasks is. 1.2 During the probation period, if Party A confirms that Party B does not meet the employment requirements or Party B has other circumstances stipulated by law, Party A may terminate this Contract by notifying Party B in writing at any time or in advance according to the law; If Party B is not willing to work for Party A, it may give a written notice to Party A three days in advance to terminate this contract, in which case, Party B shall complete the work handover procedures in accordance with Article 14 hereof and Party A’s relevant provisions.
- Description
During the first month of the probation period, no notice period or payment in lieu by either Party is required. From the second month of the probation period onwards, seven (7) days’ prior written notice or payment in lieu of notice (“Payment in Lieu”) should be given by either Party. After the probation period and upon confirmation of employment, either Party may terminate the Employment by giving the other 1 month’s prior written notice or Payment in Lieu.
- Description
Fixed-term employee contract: the contract period is from _____ to _____ of which the probationary period is _____ months. If Party B accumulates sick leave and personal leave during the probationary period for more than 7 working days, Party A has the right to suspend the probationary period. Party B will continue to perform the probationary period after returning to work normally until the probationary period expires.
- Description
No fixed term: the employment starts from January 1, 2015. The probationary period is from / to /. If Party B accumulates sick leave and personal leave during the probationary period for more than 7 working days, Party A has the right to suspend the probationary period. Party B will continue to perform the probationary period after returning to work normally until the probationary period expires.
- Description
Probationary Period. It is understood and agreed that the first 45 days of employment shall constitute an initial term for the Employee (“Probationary Period”). During the Probationary Period, the Employee is not eligible for paid time off or other Benefits as mentioned in Section IV. During the Probationary Period, the Employer retains the right to exercise at will employment at any time and may terminate the Employee at any time without notice or cause in accordance with State and Federal laws. The probationary period is considered closed at the signing due to prior satisfactory work with EZM, Inc prior to the merger.
- Description
Party B may terminate this labor contract after giving Party A a written notice thirty (30) days in advance. During probationary period, Party B may terminate this labor contract by giving Party A a notice three (3) days in advance.
- Description
2. Probationary period Both parties agree to establish the probationary period (which is included within the contract term) in the first way of the following ways: (1) No probationary period. (2) The probationary period will be from [ ] to [ ].
- Description
5. Probationary Period You shall be undergo a probationary period of six (6) months, which at the discretion of the Company may be extended for a further period not exceeding 3 months., if it is deemed necessary.
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6. Termination of Employment During the probationary period, either party may terminate your service at any time upon giving one (1) weeks’ notice in writing or payment in-lieu of notice without any reason assigned thereof.
- Description
The initial six months of the Employment Agreement will be regarded as a probationary period (the “Probationary Period”). During the Probationary Period, either party may terminate Employment Agreement on a basis of “no-fault”.
- Description
Probationary period. The Employee will initially serve a six months' probationary period. If the Employee has been absent from the Employee's employment during the probationary period, the Company may extend the probationary period by a period equal to the length of the absence. An extension may only take place when the Employee has been notified in writing of the extension before the end of the probationary period. The right to extend the probationary period shall not apply to absences caused by the Company. During the probationary period the parties have a mutual right to terminate the employment by giving a one month's written notice, which unless otherwise agreed in writing shall be calculated from and including the first day of the month following the receipt of such notice. This clause overrules clause 18.1.
- Description
This Contract becomes valid formally on January 1, 2022 including a probationary period which expires on DD MM YY. This contract will expire on December 31, 2024.
- Description
During probationary period, the notice of termination by either party shall be as follows: In the event of the Employer termination “without cause”, you will be entitled to the following: - your benefits through to the date of your termination - your basic salary compensation through to the date of your termination; - any unconsumed leave at the date of termination.
- Description
PROBATION. 5.1 Where applicable, from the date of commencement of your employment, you will be subject to a probationary period as set out in Schedule A and your performance and conduct will be monitored. Where it is reasonable to do so, the Company may extend the probationary period and any rights that would accrue to you after your probation will consequently be deferred until the completion of any such extended probationary period. 5.2 Where applicable, either party may end your employment during the probationary period by giving seven (7) days’ written notice to the other party. 5.3 Where applicable, at the end of the probationary period, your conduct and performance will be reviewed and if they are found to be satisfactory your employment will be confirmed. There will be no salary adjustment upon confirmation.
What is a Probationary Period?
A probationary period is a designated timeframe at the start of an employment relationship during which an employee’s performance and fit for the role are closely evaluated. Typically, this period allows both the employer and employee to assess compatibility with the position and the company. It is also a time when certain contractual benefits or protections might not be fully applicable to the employee.
When should I use a Probationary Period?
You should use a probationary period when you want to:
- Evaluate the performance and suitability of new hires without making an indefinite commitment.
- Provide a timeframe during which training and onboarding can occur, often with more leniency regarding performance targets.
- Allow the employee to understand and adapt to the company culture and expectations.
- Implement a transition period with clearly defined performance criteria before offering full employment terms.
How do I write a Probationary Period?
When writing a probationary period, you should:
- Specify the Duration: Clearly state how long the probationary period will last (e.g., “Your probationary period will be three months from the start date of your employment”).
- Outline the Evaluation Criteria: Describe how performance will be assessed and what factors will influence the completion of the probation.
- Mention Possible Outcomes: Indicate what the possibilities are at the end of the probationary period, including continuation, termination, or modification of terms.
- Explain the Rights and Obligations: Clarify any limitations in employee benefits or rights during the probation (e.g., notice periods, access to certain benefits).
Example:
“The employee will serve a probationary period of three months. During this time, their performance will be evaluated based on established performance metrics and adaptation to the company culture. At the conclusion of the probationary period, the employee’s status will be reviewed to determine suitability for continued employment under our standard employment terms.”
Which contracts typically contain a Probationary Period?
Probationary periods are commonly found in:
- Employment Contracts: Most often used for new hires, especially in permanent roles.
- Internship Agreements: To assess the intern’s ability to perform in the workplace environment.
- Apprenticeship Contracts: Frequently used to gauge the apprentice’s potential and performance before full integration into the workforce.
- Temporary to Permanent Contracts: When evaluating temporary workers for transitioning to permanent roles, these contracts often include a probationary period.
Including a probationary period can provide both the employer and employee with a trial phase, aiding in better alignment and decision-making regarding long-term employment.
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