Question

if there is a agreement in the contract, new employees will be required to join immediately after the probationary period

Answer 1

The probationary period provision will specifically state that the employee will not be considered to have completed their probation until they obtain written confirmation from the employer to that effect; otherwise the probationary period may unintentionally expire and the employer can not extend the probationary period. It is also likely to encourage the employee to raise the issue of their probationary period if it appears that the employer has forgotten about it because the employee is going to want clarification of their status.

Likewise, if an employee does not pass his probationary period, it is best to clarify to the employee where things have gone wrong and to keep a record of this in writing. This should help the employer show that the employee's job has been terminated for a fair reason, and not for a racist reason, for example. Copies of minutes from staff meetings and a letter to the employee reporting the results of the probationary period should also be kept for safekeeping on the employee's personnel file.

Probationary periods can lead to confusion about whether the employment relationship is "at-will." "At-will" means that either the employee or the employer can terminate the employment relationship at any time, for any legitimate reason. If employers use probationary periods, workers often believe they will no longer be at risk of termination based on their performance until they successfully complete a probationary period. If the employer terminates the employee, this confusion will lead to increased risk of wrongful termination litigation.Accordingly, with the exception of collective bargaining agreements or cases in which the employer chooses to enter into a contract with a particular employee, probationary periods are not generally considered best practice.