Skip to main content
Version status: In force | Document consolidation status: No known changes
Version date: 16 December 2022 - onwards

Regulation 10 Amendment of Act of 1994 - insertion of sections 6D to 6I

The Act of 1994 is amended by the insertion of the following sections after section 6C:

"6D. Maximum duration of probationary period

(1) Subject to this section, where an employee has entered into a contract of employment with an employer which provides for a probationary period, such period shall not exceed 6 months.

(2) The probationary period of a public servant shall not exceed 12 months.

(3) The probationary period referred to in subsection (1) may, on an exceptional basis, be longer where such longer period -

(a) does not exceed 12 months, and

(b) would be in the interest of the employee.

(4) Subject to subsections (3) and (5) where, on the commencement date an employee (other than a public servant) is subject to a probationary period which exceeds 6 months and the employee has completed at least 6 months of his or her probationary period, the probationary period shall expire on the earlier of -

(a) the date on which the probationary period was due to expire, or

(b) the 1st day of February 2023.

(5) Where, in accordance with a specified provision, an employee is absent from work during the probationary period, such period shall be extended by the employer for the duration of the employee's absence.