PROBATIONARY
REQUIREMENTS
1 September
2021
CERTIFICATE IN HRM
PROBATIONARY REQUIREMENTS
This involves:
• having a clear understanding of the terms & conditions
of probation;
• supporting employee through probation by providing
clarity & constructive feedback;
• undertaking corrective actions if required; and
• end of probationary period – employee’s evaluation for
continued employment in the specific job
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Purpose & Period of Probation
Purpose
• a trial period that give employees a bona fide
opportunity to demonstrate their suitability for
continued employment
Period
• vary according to whether the appointment is an initial
appointment (from outside the organisation) or a
subsequent appointment (from within the organisation)
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Prior To The Probationary Period
An effective line manager’s responsibilities:
• prior to start date, clearly set out in the offer letter if a
probationary period applies, for what period of time
• offer letter should indicate confirmation in the position upon successful completion of the probationary period
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During The Probationary Period
Managers / supervisors are responsible for effectively
managing employees during their probationary period. This
involves:
• providing an effective orientation;
• employee understands Code of Conduct, ICT Usage
Agreement & any other T&Cs relevant to their work;
• providing context, clarity & feedback necessary for
employee to understand standards & expectations in order
to demonstrate suitability for the position.
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Probationary Programme Structure
HR & line manager's responsibility to structure the
programme - both parties are clear what to expect.
Programme should include:
• regular monitoring of new employee's performance through
progress meetings;
• provision of regular constructive feedback;
• supervisory support & guidance; provision of any necessary
training & coaching; and
• identification & discussion of issues at earliest possible time.
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Probationary Programme Structure
Information in the programme should include:
• clear job outputs, ie what is expected to achieve during or by
end of the probationary period;
• standards of performance required of the job duties;
• standards / measurements against which the employee's
performance will be assessed;
• any agreed development activities; and
• a description of any relevant standards of behaviour, for
example in relation to liaison with clients & colleagues.
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Extending Probationary Periods
End of probationary period, employee's performance is
unsatisfactory / where employee has been absent from
workplace for an extended period - an extension of the
probationary period may be appropriate.
Extension sought when special circumstances justify it. Line
manager should consult with HR prior to any decision to extend
an employee's probationary period.
Important for manager to set out terms of extension in writing.
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Extending Probationary Periods
It will be important to state clearly:
• length of extension & end date of extended probation;
• reason for extension – e.g. an effective extension will
allow him / her to achieve the required standards;
• performance standards the employee is required to
achieve by end of the extended period of probation;
• any support – such as further training - that will be
provided during the extension; and
• if employee does not meet required standards by end
of extended probation – employment terminated. 1 September 2021
Cases on Probationary Periods
In Khaliah binti Abbas vs Pesaka Capital Corporation Sdn
Bhd, the Court of Appeal ruled that an employee on
probation enjoys the same rights as a permanent /
confirmed employee & he / she cannot be terminated
without just cause or excuse.
If a probationer feels that he / she is terminated without
just cause / excuse, can seek redress under Section 20
of Industrial Relations Act 1967 for wrongful dismissal.
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Cases on Probationary Periods
In Consolidated Plantation Berhad vs All Malayan Estates
Staff Union, Federal Court held that if an employee
continues employment after probationary period, he / she
is still a probationer.
If a probationer receives no confirmation after probationary period but
given a salary increment, he / she definitely has a strong case employer is satisfied with his / her performance.
The position will be different if there is a clause in contract of service
stating that when no confirmation is received after probationary
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period, the employee is deemed to be confirmed.
Conclusion
• Upon satisfactory completion of probation period, the
employee must be informed in writing by the employer
stating revised wages & other terms & conditions
where applicable.
1 September 2021