Therefore, if you are in a province which provides for notice of termination or pay instead after 3 months of employment (such as Ontario or BC), you are entitled to that notice after 3 months, regardless of what your employer says about probation. If you work past the end of the statutory probationary period, then you will be owed notice or pay instead of notice upon dismissal.
Most jurisdictions provide for a three-month or 90-day period. For example, in Manitoba, notice is required from the 30 th day of employment, and in PEI it is owed after 6 months.
The length of the probation varies by jurisdiction and is contained in each province or territory’s employment standards legislation, or the Canada Labour Code for federally regulated employees. The purpose of probation is to allow an employer the opportunity to assess a newly hired employee’s suitability for the job, without being obligated to provide notice of termination or pay instead of notice if the employee proves to be unsuitable. Is this legal? I feel like he’s taking advantage of me, even though I’ve proven myself. He’s now wanting to extend the probation again by another three months. My employer extended the probation period by another three months because he said I wasn’t performing as he expected. I started a new job recently which had a three-month probation period. Cynthia Lazar answers labour & employment questions in The Globe and Mail.
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