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 Why Probation Period Not Covered Under Law: Minister Usamate Clarifies

 Why Probation Period Not Covered Under Law: Minister Usamate Clarifies
Jone Usamate
September 01
10:00 2018



The Ministry of Employment, Pro­ductivity and Industrial Relations has clarified that the probation of workers is not covered under the law.

Minister for Employment, Pro­ductivity and Industrial Relations Jone Usamate, speaking during his Northern public consultation recently, clarified that the Employ­ment Relations Act 2007 did not cov­er probationary work, part time work or temporary work.

However, employers must understand that the law did not only cover two types of employment; the defi­nition of a worker under the law included ap­prentices, learners, domestic workers, part-time work­ers and casual workers.

Further­more, the ministry said, al­though the law was silent on probationary periods, the terms and con­ditions for work­ers were clearly stipulated in the Act.

A probation­ary period is at the discre­tion of the em­ployer to assess the perfor­mance of a worker under a contract of service.

The first three months of employment is a qualifier for a worker to receive oth­er employment entitlements such as 10 days sick leave, three days bereavement leave, new provisions such as five days paternity leave and five days family care leave will be effective from January 1, 2019.

Workers and employers must clearly understand this and seek clarifications from the ministry if they are unsure of any issues related to their terms and conditions of employment.

Source: DEPTFO News



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