Probation and Notice Periods Explained

Your employment contract will usually set out a probation period (trial period) and notice periods—how much warning you and your employer must give before ending the contract. These terms affect your job security and your flexibility to leave. If you don't read carefully, you might not realise that during probation you can be let go with very short notice—or that you must give 3 months' notice to leave while the employer only gives 1 month. Here's what probation and notice periods usually mean, and what to look for before you sign.

What is probation?

Probation is a trial period at the start of employment—often 3 or 6 months—during which either side can usually end the contract with shorter notice (e.g. 1 or 2 weeks instead of 1 or 2 months). The employer is assessing whether you're a fit; you're assessing whether the role and company are right for you. During probation you typically have less job security: the employer can let you go quickly if it's not working out. After probation, notice and other terms may improve—e.g. longer notice, harder for the employer to terminate without cause. So the first few months are higher risk. Know: (1) how long probation is, (2) what notice applies during probation (for you and for them), and (3) what happens when probation ends—does your notice period increase? Do you get the same benefits from day one, or only after probation? In some places the law requires that you get certain benefits from day one; the contract shouldn't give you less.

What are notice periods?

The notice period is the number of days or months you (or the employer) must give before ending the contract. It can be the same for both sides (e.g. 1 month each) or different (e.g. you must give 3 months, they give 1 month). If it's different, you're less protected: you're locked in longer than they are. Look for: (1) the exact length for you and for the employer, (2) whether it changes after probation, and (3) whether pay in lieu of notice is allowed—so you can leave earlier and give up salary for the notice period instead of working it. Some employers offer "garden leave"—you're paid but don't work during the notice period. That can be in your interest if you're leaving for another job and they don't want you in the building.

What to look for before you sign

• Length of probation. 3 months and 6 months are common. Longer probation means longer uncertainty.
• Notice during vs after probation. What's the notice during probation (for you and for them)? What's the notice after? When exactly does probation end?
• Symmetry. Is the notice period the same for both sides? If you must give 3 months but they give 1 month, ask why and whether they would consider matching.
• Pay and benefits during probation. Do you get health insurance, pension, and other benefits from day one, or only after probation? If only after, plan for the gap.
• BeforeYouSign can highlight probation and notice language in your offer so you know what you're agreeing to before you sign.