Probation lets an employer assess whether a new employee is suitable for the role. It's a real employment relationship with real protections — not a trial period with no rules.
There's no fixed statutory maximum, but the CCMA and Labour Court expect probation periods to be reasonable relative to the role. In practice:
Probation may be extended, but only for a reasonable further period and only where there's a legitimate reason — such as insufficient time to properly assess performance. The employee should be told in writing why probation is being extended and for how long.
An employer can end employment during probation for poor performance more easily than after confirmation, but due process still applies:
Dismissal for misconduct during probation still requires a fair process under the Labour Relations Act — probation does not remove this protection.
Probationary employees accrue annual and sick leave from their first day like any other employee — see our Leave During Probation guide. PAYE, UIF and SDL all apply normally from the first payslip.
If probation passes without issue, confirm this to the employee in writing. From this point, the standard disciplinary and dismissal protections apply in full.
South African labour law does not prescribe a fixed maximum, but probation periods must be 'reasonable' given the role's seniority and complexity. 3 to 6 months is typical; longer periods should be objectively justified.
No. Even during probation, an employee must be given a reason for any decision affecting their employment and an opportunity to respond, though the process can be less formal than a full disciplinary hearing for confirmed employees.
Yes — annual and sick leave accrue identically regardless of probation status.
TSS Payroll keeps employee records, leave and compensation history in one place — so nothing falls through the cracks.
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