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Question
Posted by: wondering | 2009-10-22

Contracts

Hi

I am just wondering what is best for me here. I recently have accpeted an offer from a company. In the offer we agreed on a salary and that I would be monitored performance wise etc for 6 months and then after that if all si well we would set targets and my salary structure would change. They said I would be on probation for 6 months. Now they have come back and said that they will need to put me on a fixed contract for 6 months with all the same conditions discussed and after the 6 month period we will sit down and discuss the paramters for employemt moving forward from the 6 month period. Is this good? Surely it is better for the initial 6 months for me to have a fixed contract than to be on probation? However, what if after 6 months they decide I have implemented good systems which they can now run with and no longer need to pay my salary which for them is a big expense? I' m wondering what is the benefit for them in putting me on a 6 month fixed contract instead of having me on 6 months probation?

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Our expert says:
Expert ImageLabour lawyer

re: Contracts

There is an enormous difference between probation and a fixed term contract. During probation you are entitled to labour legal rights as if you were a permanent employee. The only difference is that during probation you are judged on a lesser amount of weight as to whether you fit in to the operation. The 6 month fixed term contract is just that. At the end of the contract you are to go. If the situation is not fair then you need to negotiate with them what they initially offered i.e. a probationary contract and if satisfactory completed you go on to permanent staff.

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Our users say:
Posted by: labour lawyer | 2009-10-27

re: Contracts

There is an enormous difference between probation and a fixed term contract. During probation you are entitled to labour legal rights as if you were a permanent employee. The only difference is that during probation you are judged on a lesser amount of weight as to whether you fit in to the operation. The 6 month fixed term contract is just that. At the end of the contract you are to go. If the situation is not fair then you need to negotiate with them what they initially offered i.e. a probationary contract and if satisfactory completed you go on to permanent staff.

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