Questions & Answers
Right of the employee to file a case for termination during probation period
I was 2.5 months in probation period when I got called in for an interview, where I received a termination of services letter stating that "my performance has not reached a satisfactory standard for the role that I was hired by HR."
I fulfilled all my competencies I did not fail. I received references stating that I'm an asset to any organization, an excellent resource, worked to a high standard, reliable.
Do I have a case?
This is Hawra Abdulwahab from Abdulwahab Attorneys & Legal Consultants and I am happy to answer the above question.
From the question above, I understand that you have been employed recently in a company and they have asked you to undergo a probation period.
I also understand that your probation period is 3 months and that 2.5 months have already passed from the same. Please confirm if otherwise.
First of all, in order for the probation period to be valid, the same has to be explicitly mentioned in your Contract of Employment. It means that the Contract needs to provide that you will undergo a probation period.
Article (23) of the Labour Law gives either party (Employer and Employee) the right to terminate the employment contract during the probation period if either party finds that its continuance is not appropriate, provided that the party terminating the contract notifies the other party at least one day before the date of termination.
Following the above, the Law gives your Employer the right to terminate you during this period if he believes that you are not competent. In this case, you shall not be entitled to any compensation.
Do let me know if you have any questions or need any clarification.
No - as long as there is a probationary period explicitly agreed in the contract, either party may terminate the contract by giving one day's notice.
