IV. PROBATION PERIOD
1. What is stipulations regarding the probation period?
During the probation period either the employer or the employee may terminate the employment contract with immediate effect without the employee being liable to pay end of service gratuity or the employee, compensation for damages. According to Article 37 of the Law, the probation period can be for a maximum period of six months. It is not permissible for the same employer to employ any person on probation, more than once.
2. Is the period of probation included for the purposes of calculation of gratuity and other terminal benefits?
The probation period, once completed, will be considered as employment with the employer. It will be taken into account in calculating gratuity and other terminal benefits.
3. Are employers liable to pay repatriation and other benefits for probationary termination?
All wages and benefits occurring during the probation period must be paid along with the repatriation costs unless the termination of the employment contract had been at the behest of the employee. The employer is however not required to pay end-of-service gratuity or compensation in lieu of notice or damages should the employment contract be terminated without notice (during the probationary period).
4. Can the probationary period be waived?
The parties to the contract may agree to commence the employment without probation. Probation is not compulsory. Further it is left to the discretion of the parties to agree upon the actual term of the probationary period subject to a maximum of six months.
