The sky has not fallen in since the 90 Day Trial Periods became law as some Unions suggested it might, but there are some important requirements employers must do to ensure compliance:
- The employee must agree and sign the employment agreement before they start work. No ifs, buts, maybes or even 5 minutes after…..it must be before work starts.
- The employee must be new to the organisation. A trial period will be invalid if the employee has been employed by the employer at any time prior – even as a casual.
- The trial period must be in writing and included as a clause in the employment agreement.
- The employee must have had a real opportunity to get advice before agreeing to the trial period.
- The trial period must be lawful, so please get it right.
Contact us for further advice.
