Can The Boss Prolong Your Probation Period? HR Shares Advices

By Elizabeth Benu

“I just got a review in my role after 6 months in probation. I was later informed that my probationary period was being extended for two more months. At the beginning I had signed a contract saying the probation period would last for only 6 months. I am worried about my future position in this company. Can my company extend this period without my consent? Do I have any rights at all as an employee?” writes Felistus Ochieng’ in an email

When starting on a formal employment, a new employee is employed subject to the satisfactory completion of a probationary period.

As Juliet Gatiri, a Human Resource professional at Alternate doors explains, “A probation period is designed to let employers assess how good you cope with the job. It serves a purpose of gauging your performance.”

She also adds that, “An employer wants to see if the employee fits into the position they were appointed to. If the employer is satisfied, the employee can be confirmed to the position.”

How long should a probation period be? I ask

“A probation period should be a minimum of three (3) months and not exceeding six (6) months,” confirms Ms. Gatiri

She also says that there is a law in the Employment Act 2007 that governs the probation period in Kenya

Section 42 of the Employment Act states that, “A probationary period shall not be more than six months but it may be extended for a further period of not more than six months with the agreement of the employee and that no employer shall employ an employee under a probationary contract for more than the aggregate period provided.”

I also seek to understand whether it is Okay for an employer to extend a probationary period for more than 6 months. Ms Gatiri says that this depends with how you have signed the contract

Philip Landau, a HR Professional at The Guardian, backs up Ms. Gatiri by saying that, “Your employer has the right to extend the probationary period for a reasonable period. This is usually covered in your contract of employment.”

Ms. Gatiri also explains that when a probation period is over, three things are bound to happen.

“Most times a review will be done. It will either lead to been offered a permanent position, being added more responsibilities at work to prove your worth or lead to being let go,” she says.

Ms Gatiri explains that the purpose of extending a probation period is for an employer to be sure of the suitability and skills an individual is bringing into the organisation.

“An employer wants to see the manner in which you present your skills and it may be extended so that you are given a chance to improve,” she explains further.

What advice does she have for this employee whose probation period has been extended?

“Be patient and see how the company will handle things. Your employer most probably wants to know if you are worth investing in,” she concludes.

Dont Miss any Job Or Article Subscribe to Career Point Kenya by Email FOR FREE CLICK HERE