Umfolozi LOCAL MUNICIPALITY

uMFOLOZI LOCAL MUNICIPALITY

KZ 281

EMPLOYMENT OF PROBATION POLICY

1.  INTRODUCTION

The probation policy will apply to Mfolozi Local Municipality and provides guidelines for managing employees who are on probation.

This policy was drawn based on the guidelines as provided for in schedule 8 of the Labour Relations Amendment Act No. 12 of 2002 subsection 56 and the South African Local Government Bargaining Council KZN Conditions of Service.

2.  PURPOSE

Probation remains a legitimate part of the employment process. The purpose of the probation period is to monitor and evaluate an employee’s performance, before such an employee becomes a permanent employee of the municipality.

The purpose of a Probationary System in the context of South African law is:

·  to provide orientation, guidance;

·  on the job training and coaching to the new employees, allowing them the opportunity to learn; and

·  to fulfill the requirements of their new position.

·  to assess the employee’s ability to meet performance standards.

·  to set a target date by which the employee can become fully effective in the job.

3.  PROCEDURE

In terms of the South African Local Government Bargaining Council KZN Conditions of Service

3.1  All employees shall be appointed on probation for a period of 3 months which can be extended by a further 3 months subject to the following conditions:

3.2.1  If the Municipality is of the opinion that such employee has successfully completed his probationary period, the Municipality shall confirm such employee’s appointment in writing

3.2.2  If the Municipality on or before the date of completion of the probationary period of such employee, is of the opinion that he is not fit for the post occupied by him the Municipality may;

3.2.3  In writing and stating the reasons therefor, extend the probationary period of such employee once only for the fixed period not exceeding 3 months;

3.2.4  Or give such employee at least one (1) month’s written notice that his/her services will be terminated on a specific day subject to a fair procedure by the Municipality.

3.2.5  After 3 months if the Municipality fails to inform employee of confirmation of probationary period then the Municipality should accept the employee as automatically permanent.

3.2  The employee’s letter of appointment should explicitly state that he/she will serve a period of probation and must stipulate the period of the probation service.

3.3  The employee must be given a fair opportunity to meet the required performance standards. Therefore it means that an employee that is on probation must at least be aware of the standards of performance he/she is required to achieve and maintain.

3.4  The probationary employee has to receive feedback on his/her performance on a regular basis during the probationary period (forms to be used are attached).

3.5  Proper documentation of discussion or consultation sessions based on the employee’s performance should be availed when recommendation for permanent appointment or dismissal is forwarded to the Municipal Manager.

4  DISMISSAL

4.1  Employee on probation is entitled to the same rights as any other employee in terms of the Labour Relations Act, but however the Municipality after having followed the correct procedures, can terminate the employment of the employee who is on probation if not happy with employee’s performance.

4.2  During the process of dismissal of the employee on probation the following should be considered.

4.2.1  An employee has received appropriate evaluation, instructions, training, guidance or counseling during the period of their probation.

4.2.2  An employee has been given an opportunity to make representations prior being dismissed and assisted by a trade union representative or fellow employee.

PROBATIONARY EMPLOYEE PERFORMANCE EVALUATION

PROBATIONARY EMPLOYEE PERFORMANCE EVALUATION
Projected Probationary End Date:
Review Interval
6 weeks / one month 12 weeks / 2 months Probationary Period End Other:
Employee Name (Last, First, Middle) / Employee ID Number
Position Number / Role Title / Work Title
Department / Sub-Division
Employment Date / Supervisor’s Name / Supervisor’s Title
Evaluator's Name / Evaluator's Title
Note:- Incapacity: Poor work performance - Probationary employees
Please read the following provisions relating to probationary employees and sign in the space provided indicating that you have read and understood these provisions.
(1) (a) An employer may require a newly-hired employee to serve a period of probation before the appointment of the employee is confirmed.
(b) The purpose of probation is to give the employer an opportunity to evaluate the employee’s performance before confirming the appointment.
(c) Probation should not be used for purposes not contemplated by this Code to deprive employees of the status of permanent employment. For example, a practice of dismissing employees who complete their probation periods and replacing them with newly-hired employees, is not consistent with the purpose of probation and constitutes an unfair labour practice.
(d) The period of probation should be determined in advance and be of reasonable duration. The length of the probationary period should be determined with reference to the nature of the job and the time it takes to determine the employee’s suitability for continued employment.
(e) During the probationary period, the employee’s performance should be assessed. An employer should give an employee reasonable evaluation, instruction, training, guidance or counselling in order to allow the employee to render a satisfactory service.
(f) If the employer determines that the employee’s performance is below standard, the employer should advise the employee of any aspects in which the employer considers the employee to be failing to meet the required performance standards. If the employer believes that the employee is incompetent, the employer should advise the employee of the respects in which the employee is not competent. The employer may either extend the probationary period or dismiss the employee after complying with subitems (g) or (h), as the case may be.
(g) The period of probation may only be extended for a reason that relates to the purpose of probation. The period of extension should not be disproportionate to the legitimate purpose that the employer seeks to achieve.
(h) An employer may only decide to dismiss an employee or extend the probationary period after the employer has invited the employee to make representations and has considered any representations made. A trade union representative or fellow employee may make the representations on behalf of the employee.
(i)  If the employer decides to dismiss the employee or to extend the probationary period, the employer should advise the employee of his or her rights to refer the matter to a council having jurisdiction, or to the Commission.
(j) Any person making a decision about the fairness of a dismissal of an employee for poor work performance during or on expiry of the probationary period ought to accept reasons for dismissal that may be less compelling than would be the case in dismissals effected after the completion of the probationary period.
Employee Signature: / Date:
Supervisor Signature: / Date:

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Section A : for the Evaluator to complete

Instructions to Evaluator: The Supervisor or direct line manager of the probationary employee is normally also the evaluator. Only in exceptional circumstances, for example, due to interpersonal conflict or non-availability of the line manager, should an evaluator (other than the supervisor) be appointed. Evaluators should refer to the employee's job description when completing this form; the evaluation should focus on the employee's ability to perform the job duties listed in the job description. Employees should be evaluated at least three times -- at monthly or six-week intervals, and one other time before the end of the probationary period. Indicate the evaluation of the employee's job performance by writing a number between 1 and 3 on the blank line to the right of each attribute, in the appropriate column. Use the following scale:

1 = Unacceptable; 2 = Needs Improvement; 3 = Satisfactory

See the reverse side of this form for additional comments to the evaluator and the employee.

/ 6 weeks* / 12 weeks* / final /
date /
QUANTITY OF WORK
The extent to which the employee accomplishes assigned work of a specified quality within a specified time period
QUALITY OF WORK
The extent to which the employee's work is well executed, thorough, effective, accurate
KNOWLEDGE OF JOB
The extent to which the employee knows and demonstrates how and why to do all phases of assigned work, given the employee's length of time in his/her current position
RELATIONS WITH SUPERVISOR
The manner in which the employee responds to supervisory directions and comments. The extent to which the employee seeks counsel from supervisor on ways to improves performance and follows same
COOPERATION WITH OTHERS
The extent to which the employee gets along with other individuals. Consider the employee's tact, courtesy, and effectiveness in dealing with co-workers, subordinates supervisors, and customers
ATTENDANCE AND RELIABILITY
The extent to which employee arrives on time and demonstrates consistent attendance; the extent to which the employee contacts supervisor on a timely basis when employee will be late or absent
INITIATIVE AND CREATIVITY
The extent to which the employee is self- directed, resourceful and creative in meeting job objectives; consider how well the employee follows through on assignments and modifies or develops new ideas, methods, or procedures to effectively meet changing circumstances
CAPACITY TO DEVELOP
The extent to which the employee demonstrates the ability and willingness to accept new/more complex duties/responsibilities

Page 9 of 10

Section B: This section must be completed by the Supervisor only:-

Describe your new employee's performance / conduct.

______

______

______

Does this employee demonstrate the expertise and general skill level you expected based on the job application and interview? q Yes q No

If no, in what way does this employee’s performance differ from your expectations?

______

______

______

Do you consider this employee to be making progress appropriate to their length of employment?

q Yes q No

If no, please describe the areas that need improvement?

______

______

______

Have you made arrangements for the employee to receive additional training?

q Yes q No

If yes, what training? Where conducted?

______

______

______

Have you spoken to the employee about areas of concern at any time other than during this probationary review?

q Yes q No

If yes, what was the employee’s reaction to the discussion?

______

______

______

What goals have you and this employee set for the next few weeks/ months on the job?

______

______

______

Does it seem probable that this employee will satisfactorily complete the probationary period?

q Yes q No

If no, please explain.

______

______

______

Any additional comments or concerns?

______

______

______

Recommended Action

______

______

______

______

Type of Training / Examples for a call centre employee (please edit according to internal requirements)
On-the-job / e.g. re-do module 2 of customer service training course
Classroom / e.g. Attend company customer service training course
External / e.g. attend Call Centre software training course
"Buddy" training / e.g. place employee on same roster as Samantha (most experienced call centre employee)
Appoint mentor / e.g. appoint John Smith, Customer Support Manager, as mentor for duration of probationary period to familiarize employee on customer service requirements

Recommended measures

Action
Reason
Responsible Person
By When
Action
Reason
Responsible Person
By When

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Section C: For the Employee to complete

Provide a brief overview of your current working environment?

______

______

______

______

Did you undergo a formal HR orientation? q Yes q No

Was your formal HR orientation session helpful? q Yes q No

If no, what could be to make the formal HR orientation more beneficial to you?______

______

______

______

Are you starting to feel comfortable in your new job? q Yes q No

If no, what can be done to help you feel more comfortable?

______

______

______

______

Did you receive a job description? q Yes q No

Is the job you are doing different from what was described to you, either verbally or on your job description? q Yes q No

If yes, in what way does it differ?

______

______

______

Do you feel that you have the knowledge/skills to be proficient at your job?

q Yes q No

If no, what additional support or training do you feel you need to become proficient?

______

______

Has your supervisor spoken with you about your progress to date?

q Yes q No

If yes, what was the outcome?

______

______

______

Recommended measures

Action
Reason
Responsible Person
By When
Action
Reason
Responsible Person
By When

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Section D :

Employee Comments (please include date; attach additional paper if necessary):

______

______

______

______

Evaluator Comments (please include date; attach additional paper if necessary):

______

______

______

______

Recommendations by Supervisor / Evaluator:-

Should the employee's probationary period be extended: q Yes q No

Period required: ______

______

Reason : (explain benefit to employee and company for extending the probationary period, for example, what skills would be acquired by the employee through the extension of the probationary period itself):-

______

______

______

______

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TO BE COMPLETED ONLY AT LAST EVALUATION BEFORE END OF PROBATIONARY PERIOD:

o I recommend this probationary employee become permanent and continuous.

o I recommend that disciplinary action be taken against this probationary employee before the end of the probationary period and will submit the appropriate forms.

o I recommend this probationary employee's probationary period be extended by a further _____ weeks / months.

o Employee resigned before completion of probationary period. (It is important that the HR Department receive this form even if employee has resigned.)

Comments to Evaluator and Employee. Evaluators should discuss the evaluation results with the employee. At a minimum, employees must be given a copy of the evaluation for their own records. Both the evaluator and the employee should sign the evaluation form. The employee signature indicates only that the employee received a copy of the evaluation. It does not necessarily signify employee concurrence. Both employees and evaluators are strongly encouraged to include written comments.

Note:- If the employer decides to dismiss the employee or to extend the probationary period, the employer should advise the employee of his or her rights to refer the matter to a council[1] having jurisdiction, or to the Commission