Why Probation Period Not Covered Under Law: Minister Usamate Clarifies
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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