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Thread: Probation period rules

  1. #11
    Site Caretaker Dave A's Avatar
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    It looks like MLK is onto something here.

    The Basic Conditions of Employment section 37 is as follows:
    1) Subject to section 38, a contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than--

    a) one week, if the employee has been employed for six months or less;

    b) two weeks, if the employee has been employed for more than six months but not more than one year;

    c) four weeks, if the employee--

    i) has been employed for one year or more; or

    ii) is a farm worker or domestic worker who has been employed for more than six months.



    2)

    a) A collective agreement may permit a notice period shorter than that required by subsection (1).

    b) Despite paragraph (a), a collective agreement may permit the notice period of four weeks required by subsection (1)(c)(i) to be reduced to not less than two weeks.
    I couldn't track down a copy of Schedule 8, though.

  2. #12
    just me duncan drennan's Avatar
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    Quote Originally Posted by MLK View Post
    No contract of employment can be less favourable than the BCEA, therefor the 24 hour notice is deemed to be less favourable and you would have to comply with the statutory notice periods.
    I can't remember the exact details off the top of my head, and couldn't find them with a quick scan, but my understanding of the BCEA is that certain sections are negotiable (must have in writing) if the employee earns over a certain amount, or depending on the employees position (e.g. Sec 6-1)
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  3. #13
    Site Caretaker Dave A's Avatar
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    And I want to know what I'm supposed to do when the employee gives an "instant" (no notice) resignation the day after pay day!

    Unpaid leave of absence?

  4. #14
    Email problem RKS Computer Solutions's Avatar
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    I just came back from my accountant, sad day as one of their brightest is leaving... Here is their policy...

    Up to one month worked for the company: 24hour notice
    Up to a year worked for the company: 2weeks notice
    After working for the company for a year: 4weeks notice

  5. #15
    Email problem stephanfx's Avatar
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    I think probation is totally up to the employer in the end, if it does not seem to work out or the person is not happy, then 24 hours should be fair. We had a person working for us for a year and 2 months, after which he found a better position elsewhere. We knew he was really excited to go, and when he asked for 24 hours, it was given to him.

    In the end it is up to the employer, IMO

  6. #16
    Email problem RKS Computer Solutions's Avatar
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    All in all it comes down to both parties being happy about the situation... If you're planning on having a job for a long time to come and need your prospective employers to have a great conversation with your current employer, things need to be left in a good state...

    In the case I mentioned yesterday, the lady got such a great package, that the current employer could not match it pound for pound even if they tried... So she just went in, gave them 24hours and is walking away from them, because the offer she has on the table will be keeping her happy... One unhappy ex-employer, happy girl, extremely happy new employer as she can start earlier...

    The problem I see in the way this played out, was that she knew about the possible offer coming her way for the last two months, and should have mentioned something to that effect... She only got told on Friday that she had the job, but in that situation informing your employer would have given them the chance to think things over and maybe try and get an apprentice in should the situation arise....

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