Termination in Probation Period Template
Save time, reduce legal risk, and maintain compliance with HR best practices using a professional, free Termination in Probation Period Template.
Advantages of the Termination in Probation Template
- Fully customizable: Modify the template to match your organization's policies and your country's jurisdiction.
- Legally compliant: Designed with HR compliance considerations and labor laws in mind.
- Time-saving: Eliminate the guesswork with an organized, ready-to-use template.
- Functional Relationships: Maintain professionalism and consistency in communication.
Download the Termination in Probation Template for free now!
Download the Termination in Probation Template
Frequently Asked Questions
What is meant by termination during the probation period?
The probation period is a fixed time granted to a new employee and employer to test mutual fit. The law allows the employer to terminate the contract during this period under simpler terms than terminating a permanent employee’s contract. The probation usually spans between 3 to 6 months, per local labor laws and company policies.
Termination during probation means the employer has decided the employee does not meet job requirements or integrate with the work environment, and therefore ends the employment relationship without the larger obligations that kick in after confirmation.
When is the employer entitled to terminate the contract during probation?
Legally, both parties may terminate the contract at any time during the probation period without a detailed justification, though commonly reasons include:
- The employee lacks the requisite skills for the role.
- The employee fails in attendance, discipline, or work ethics.
- The employee cannot integrate into the company culture or team.
- The employee violates company rules or policies.
However, termination must still follow the legal procedures stipulated by labor law, such as:
- Providing written notice to the employee.
- Respecting any required notice period (if specified).
- Paying for days or hours actually worked.
What is the legal duration of a probation period?
The duration varies by country. In some Arab countries like Saudi Arabia: the probation period may not exceed 90 days, extendable by written agreement to a maximum of 180 days.
In other jurisdictions: it may range between 3 to 12 months depending on the labor laws.
HR professionals must ensure the probation period is clearly stated in the employment contract, including duration and conditions for extension or termination.
Is the employer required to justify termination during probation?
In most cases, no detailed justification is legally mandatory, but it is recommended to internally document a reason to ensure transparency and minimize disputes.
Common documented reasons include:
- Unsatisfactory performance relative to expectations.
- Poor attendance or discipline.
- Incompatibility with company culture or team environment.
Documenting the reason helps protect the organization in case the employee later files a complaint.
What rights does the employee have when terminated during probation?
Employee rights vary by law, but generally include:
- Payment for work done.
- A short service certificate if requested.
- In some cases, a short notice period (e.g., one week).
- No penalties not stipulated in the contract.
Usually, the employee is not entitled to end-of-service benefit or compensation for termination, because the contract is still in probation.
How is a probation-period termination decision documented?
Documentation is crucial for protecting the company, and should include:
- Sending an official termination letter to the employee.
- Clearly stating the termination date.
- Optionally including a brief reason.
- Obtaining the employee’s signature or sending it via official email.
- Archiving the documents in the HRMS system.
What are the risks if termination is not conducted legally?
The employer might face:
- Legal claims by the employee for unfair dismissal.
- Financial demands or additional compensation.
- Damage to the company’s reputation with regulatory entities or in the labor market.
Therefore, HR must follow procedures carefully and consult legal counsel when necessary.
Can the employee also terminate the contract during probation?
Yes, the employee may also end the contract if they feel the job is unsuitable. Usually, they should give short notice (from one day up to one week) according to contract terms or local law.
Best practices for HR when terminating during probation
- Strictly adhere to local laws.
- Use a standardized termination letter template.
- Treat the employee respectfully to preserve the company’s reputation.
- Keep performance records to support the decision internally.
- Conduct a short exit interview to capture reasons / lessons learned.
How does the HRMS system assist in managing probation-period terminations?
- Documentation: store contracts, evaluations, and termination letters.
- Alerts: notify when probation is nearing its end.
- Automation: generate termination or extension letters automatically.
- Reporting: extract reports on the rate of probation terminations to analyze turnover causes.
Difference between termination during probation vs termination after confirmation
- During probation: easier legally, fewer financial obligations.
- After confirmation: subject to stricter procedures, may require justified cause, longer notices, and possible compensation for the employee.
Is terminating during probation a negative indicator for HR?
Not necessarily—it may reflect effective early evaluation of new recruits. But if probation terminations occur frequently, it could indicate:
- Weak recruitment or selection processes.
- Vague job descriptions.
- Workplace conditions or unrealistic expectations.