◆ An “Employment Contract” Is Established Even During the Probationary Period
“Since it’s the probationary period, I can just observe their performance and have them quit if they’re not a good fit”—is that how you’re thinking?
In fact, just because an employee is in a probationary period doesn’t mean you can dismiss them at will.
The probationary period is a time to assess an employee’s aptitude and abilities and determine whether to offer them permanent employment. Even during this period, an employment contract is already in effect, so the decision not to offer permanent employment cannot be made at any time solely at the company’s discretion.
◆ “Just not a good fit” isn’t enough
While the scope of what is permitted for dismissal or refusal of permanent employment during a probationary period is generally broader than for regular dismissals, such actions will be deemed invalid as an abuse of the right to dismiss if there is no objectively reasonable grounds and the decision is not deemed reasonable according to generally accepted social norms.
It is difficult to dismiss an employee solely on grounds such as “slow to learn the job” or “not fitting in at the workplace.” Objective and reasonable grounds are required, such as the employee failing to improve despite receiving guidance, failing to improve even after the probationary period is extended, or the company having considered reassignment to another department but finding no suitable position.
◆ Day-to-Day Preparation Is Key
Since it’s not uncommon to find yourself wondering whether to offer a permanent position, it is important to keep records of the employee’s work performance, the content of any guidance provided, and their progress toward improvement on a regular basis.
It is also advisable to stipulate provisions regarding the extension of the probationary period in the company’s work rules and employment contracts so that such extensions can be implemented smoothly when deemed necessary. Do not take a casual approach simply because “they are still in the probationary period”; instead, consult with a specialist.
