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Probationary Employment Agreement

R449

Create a clear probationary employment agreement that records the employee’s role, probation period, performance standards, assessment process, feedback requirements, training support, extension rules, and confirmation or termination outcomes.

A Probationary Employment Agreement is used when an employer appoints a new employee subject to a probation period. The purpose of probation is to assess the employee’s suitability for the role, including performance, conduct, compatibility with the workplace, and ability to meet reasonable standards. The agreement should clearly record the probation period, assessment criteria, support to be provided, review process, possible extension, and possible outcomes such as confirmation, extension, or termination.

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South African legal context (2026 checklist)

Probation does not remove the employee’s right to fair labour practices. An employer should not use probation as a shortcut to dismiss an employee without a fair reason and fair process. The employer should set clear standards, monitor performance, provide feedback, give reasonable instruction, training, guidance or counselling where required, and allow the employee an opportunity to respond before probation is extended or employment is terminated. Although dismissal during probation may require less compelling reasons than dismissal after confirmation, the decision must still be fair and supported by evidence.

  • Labour Relations Act 66 of 1995
  • Section 185: Right not to be unfairly dismissed or subjected to unfair labour practice
  • Section 186(1): Meaning of dismissal
  • Section 186(2)(a): Unfair labour practice relating to promotion, demotion, probation, training, or benefits
  • Section 188: Fair reason and fair procedure for dismissal
  • Section 191: Referral of unfair dismissal and unfair labour practice disputes
  • Section 192: Onus in dismissal disputes
  • Section 193: Remedies for unfair dismissal and unfair labour practice
  • Section 194: Limits on compensation
  • Section 203: Codes of Good Practice
  • Code of Good Practice: Dismissal, 2025
  • Basic Conditions of Employment Act 75 of 1997
  • Section 29: Written particulars of employment
  • Section 32: Payment of remuneration
  • Section 33: Information about remuneration
  • Section 34: Deductions and other acts concerning remuneration
  • Section 37: Notice of termination
  • Section 40: Payments on termination
  • Employment Equity Act 55 of 1998
  • National Minimum Wage Act 9 of 2018
  • Protection of Personal Information Act 4 of 2013
  • Palace Engineering (Pty) Ltd v Ngcobo and Others [2014] ZALAC 7
  • Ubuntu Education Fund v Paulsen N.O and Others [2019] ZALAC 56
  • Sidumo and Another v Rustenburg Platinum Mines Ltd and Others [2007] ZACC 22
  • Avril Elizabeth Home for the Mentally Handicapped v CCMA and Others [2006] 9 BLLR 833 (LC)

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the employer’s full legal name and address?
What is the employer’s full legal name and address?
What is the employee’s full name, ID/passport number, and contact details?
What is the employee’s full name, ID/passport number, and contact details?
What position will the employee hold?
What position will the employee hold?
What is the employee’s start date?
What is the employee’s start date?
How long will the probation period be?
How long will the probation period be?
What performance standards must the employee meet during probation?
What performance standards must the employee meet during probation?
What duties, outputs, targets, KPIs, or conduct standards will be assessed?
What duties, outputs, targets, KPIs, or conduct standards will be assessed?
Who will supervise and assess the employee?
Who will supervise and assess the employee?
How often will probation review meetings take place?
How often will probation review meetings take place?
What training, guidance, coaching, tools, or support will be provided?
What training, guidance, coaching, tools, or support will be provided?
What happens if the employee performs satisfactorily?
What happens if the employee performs satisfactorily?
Can the probation period be extended, and for how long?
Can the probation period be extended, and for how long?
What reasons may justify extending probation?
What reasons may justify extending probation?
Will the employee be given an opportunity to make representations before extension or termination?
Will the employee be given an opportunity to make representations before extension or termination?
What salary or wage will be paid?
What salary or wage will be paid?
What are the employee’s ordinary working hours and working days?
What are the employee’s ordinary working hours and working days?
What leave benefits will apply?
What leave benefits will apply?
What notice period will apply during probation?
What notice period will apply during probation?
Will the employee be subject to company policies, disciplinary rules, confidentiality obligations, POPIA duties, or restraint clauses?
Will the employee be subject to company policies, disciplinary rules, confidentiality obligations, POPIA duties, or restraint clauses?
What company property, systems, data, or documents will the employee access?
What company property, systems, data, or documents will the employee access?
Who is authorised to sign the agreement on behalf of the employer?
Who is authorised to sign the agreement on behalf of the employer?

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