Probationary Period

What is a Probationary Period?

A probationary period is an initial trial period at the start of employment during which the employer assesses the employee's suitability for the role, and the employee evaluates whether the job meets their expectations. During this time, both parties typically have greater flexibility to end the employment relationship with shorter notice periods.

Purpose of Probationary Periods

For Employers

• Assess employee's skills, competencies, and fit
• Evaluate work quality and performance
• Determine cultural fit with team and organization
• Test reliability, attitude, and work ethic
• Easier termination if not suitable
• Reduced notice periods
• Lower separation costs

For Employees

• Evaluate if role matches expectations
• Assess company culture and fit
• Understand job requirements fully
• Test relationship with manager and team
• Easier exit if not satisfied
• Opportunity to prove capabilities

Probationary Period Lengths Across APAC

Singapore

• Typically 3-6 months
• No statutory requirement
• Contractually specified
• Commonly 3 months for junior roles, 6 months for senior roles
• Can be extended by mutual agreement

Australia

• Minimum employment period: 6 months before unfair dismissal claims
• 12 months for small business (fewer than 15 employees)
• Probation periods typically 3-6 months
• Must still follow minimum standards

Hong Kong

• No statutory probation period
• Typically 1-3 months
• Must provide notice even during probation (7 days minimum after first month)
• Contractually defined

Japan

• Typically 3-6 months
• Maximum generally 6 months (some flexibility for extensions)
• Cannot exceed 1 year
• Still subject to just cause requirements for termination (though somewhat easier)

India

• No statutory requirement
• Common practice: 3-6 months
• Can extend (typically max 1 year total)
• Termination requires notice even during probation
• Some states have specific rules

Malaysia

• Typically 3 months
• Can extend to 6 months
• Under Employment Act: notice required even in probation
• Must be specified in contract

South Korea

• Maximum 3 months for companies with 5+ employees
• Easier termination during probation
• 30-day notice pay requirement waived during probation
• Must still be non-discriminatory

Thailand

• Maximum 119 days (approximately 4 months)
• Specified in Labor Protection Act
• Termination easier but must provide notice
• Cannot extend beyond 119 days

Philippines

• Maximum 6 months
• Very common standard
• Regular employment after 6 months if retained
• Cannot extend
• Termination must be for just cause or reasonable standards made known

Vietnam

• Skilled workers: maximum 60 days
• Jobs requiring technical expertise: max 60 days
• Other workers: max 30 days
• Specified in Labor Code
• Cannot repeat probation for same position

Indonesia

• Maximum 3 months
• Cannot be used for fixed-term contracts (PKWT)
• Only for indefinite contracts (PKWTT)
• One probation period only per position
• Recent Omnibus Law changes

Taiwan

• No statutory maximum
• Typically 1-3 months
• Must be reasonable
• Specified in contract
• Termination still requires notice

China

• 1 month for contracts less than 1 year or part-time
• 2 months for 1-3 year contracts
• Maximum 6 months for 3+ year or indefinite contracts
• Only one probation period per employer
• Maximum probation limits strictly enforced

Setting Up Probationary Periods

Clear Documentation

• Specified in employment contract
• Start and end dates clear
• Duration stated explicitly
• Performance expectations outlined
• Review process described
• Confirmation or termination process explained

Performance Expectations

• Clear job description
• Specific KPIs or objectives
• Measurable standards where possible
• Timeline for achievements
• Regular feedback intervals
• Fair and reasonable standards

Review Schedule

• Initial check-in (first week)
• 30-day review (common)
• 60-day review if applicable
• 90-day review (standard)
• Final probation review before end
• Written feedback at each stage

Support and Training

• Proper onboarding
• Necessary training provided
• Resources and tools
• Mentorship or buddy system
• Regular manager interaction
• Opportunity to succeed

Managing Probationary Employees

Regular Feedback

• Frequent check-ins (weekly initially, then bi-weekly)
• Constructive feedback (positive and developmental)
• Document all feedback
• Address issues immediately
• Recognition of good performance
• Open communication

Performance Documentation

• Written records of meetings
• Performance examples (good and bad)
• Email confirmations of discussions
• Signed acknowledgments
• Timeline of issues
• Improvement plans if needed

Fair Assessment

• Based on stated criteria
• Objective evaluation
• Consistent with others in role
• Reasonable expectations
• Non-discriminatory
• Evidence-based

Decision-making

• Timely assessment before end of probation
• Consultation with HR
• Review all documentation
• Consistent with company standards
• Clear decision: confirm, extend, or terminate

Outcomes of Probationary Period

Successful Completion (Confirmation)

• Written confirmation letter
• Congratulatory communication
• Often includes salary review
• Benefits changes (if any)
• Full employment status begins
• Celebration of achievement

Extension

• Additional time to assess (where permitted)
• Mutual agreement required
• Written extension agreement
• Clear reasons for extension
• Specific objectives for extension period
• Extended duration specified

Termination

• Decision made before end of probation
• Written termination notice
• Short notice period (as per contract/law)
• Final payment processing
• Return of company property
• Professional handling

Termination During Probation

Notice Requirements

• Still required in most APAC countries (though shorter)
• Examples:
  • Singapore: typically 1 week or as per contract
  • Hong Kong: 7 days after first month
  • Malaysia: notice required under Employment Act
  • Philippines: notice required
• Some countries allow immediate termination
• Check local requirements

Grounds for Termination

• Poor performance
• Unsuitability for role
• Cultural misfit
• Attendance issues
• Conduct problems
• Skills mismatch
• At-will in some jurisdictions (with notice)

What's NOT Allowed

• Discrimination based on protected characteristics
• Pregnancy discrimination
• Retaliation for complaints
• Arbitrary or bad faith termination (some countries)
• Breach of basic employment rights

Process Requirements

• Written notice of termination
• Clear communication of reasons (recommended)
• Final payment within required timeframe
• Return of property
• Professional conduct
• Exit procedures

Payments on Probation Termination

• Outstanding salary
• Accrued leave (if applicable - varies by country)
• Pro-rated bonuses (if contractually required)
• Generally no severance during probation
• Notice pay (if applicable)

Employee Resignation During Probation

Notice Period

• Usually shorter than confirmed employees
• 1 day to 2 weeks common
• As specified in contract
• Local law minimums apply

Right to Resign

• Employee can resign during probation
• Same professional standards apply
• Notice period must be served
• Final payment processed
• Return of company property required

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