As an employee working in a company, surely you are familiar with the term probation? But, do you know what probation really means? Probation is a period where the working relationship between the employee and the company is used by the company to assess the performance of new employees. During this time, the company must see and pay attention to the performance of its employees to be considered whether the employee is worthy or not to be appointed as a permanent employee. For employees, the probation period is also useful as a period of adaptation to the work and culture in the new company. However, not all employees and companies understand the concept of probation itself. So it is not uncommon for employees to be haunted by indecision and confusion about what obligations must be carried out during the probation period. Even worse, employees may lose the rights that they actually have to get during the probation period. Well, for KH Pals who are employees and are offered probation from company recruiters, try to refer to the rules of rights and obligations here so as not to be underestimated and fined for violating the agreement.
Probation Concept
As explained, probation is a period where companies give work trials to employee candidates. Based on laws and regulations, the probation period is not an obligation that must be fulfilled and carried out by the company. When the company decides to implement a probation period, then this period can only be applied to prospective permanent employees. This is expressly regulated in Article 58 of Law No. 13 of 2003 concerning Manpower where for contract employees, a probation period cannot be included in the Specified Time Work Agreement (PKWT). After the employee’s probation period is over, the company’s job is to determine the ‘fate’ of the employee. Whether to let them go or appoint them as permanent employees. If the employee has standards that match the company’s expectations, the company can provide an appointment letter stating that the employee has passed the probation period and is accepted as a permanent employee.
Probation Period
The regulation of employee probation period is clearly regulated in the Labor Law. Based on Article 58, the probation period does not apply to PKWT. Therefore, if you sign a PKWT contract but are required to follow the probation period, this practice is wrong and can be reported to the authorities. Yes, the probation period can only be applied to employees hired under an Indefinite Time Work Agreement (PKWTT), with a maximum period of three months, as stipulated in Article 60 of the Labor Law. What if the probation period is extended? The Labor Law has regulated the time limit of the probation period so that it cannot be extended beyond the specified time limit. If the company extends the probation period, it will be considered non-existent so that the employee is automatically considered to have “passed” the probation period and become a permanent employee. Thus, the rights of these employees as permanent employees must be fulfilled by the company, especially when there is a termination of employment.
Employee Rights Probation
The rights and obligations of employees in the probation period are actually not much different from permanent employees. According to Article 90 of the Labor Law, companies may not provide wages that are lower than the applicable minimum wage and this applies to both permanent, contract, and probationary employees. If the company provides wages below the minimum wage, the company can be subject to criminal sanctions of imprisonment for one to four years and / or a fine of at least Rp100 million and a maximum of Rp400 million. This is as stated in Article 185 of the Manpower Law. In addition to the wages paid every month, companies are also required to provide Hari Raya Allowance (TJR) to employees even though they are still in the probation period. This is regulated in Article 2 of the Minister of Manpower Regulation No. 6/2016 concerning Religious Holiday Allowances for Workers/Laborers in Companies. Where according to this regulation, companies are required to provide THR for employees who have had one month of continuous service or more. So, if an employee still in the probation period has worked at the company for one month or more, then the employee is still entitled to receive THR.
Employee Probation Obligations
What are the obligations of employees in the probation period? As a new employee, of course, KH Buddy is obliged to complete the work and carry out the responsibilities given by the company’s superiors. Usually, the company will assess how suitable and good your performance is. Your performance during the probation period is what determines whether you deserve to be appointed as a permanent employee or not. Therefore, it is appropriate for probationary employees to give their best effort in working so that the company is interested and is considered good in the eyes of the employer. Conversely, if the performance decreases during the agreement period, the company may terminate the contract unilaterally.
Rules for Dismissing Employees on Probation
The purpose of the probation period is to assess employee performance before being appointed as a permanent employee. So in general, companies will dismiss employees during the probation period because they are considered not or not meeting the standards needed by the company. If this happens, the company can terminate the employment of employees during the probation period without the need to provide severance pay, long service pay, or compensation pay as stipulated in Article 156 of the Labor Law. In addition, termination of employment of employees during the probation period also does not require a determination from the industrial relations dispute resolution institution. However, there are also companies that give probationary employees another chance. Usually, the company will increase the probation period from three months to six months. As explained earlier, this is actually contrary to the prevailing regulations. However, according to Juanda Pangaribuan, Advocate Specializing in Manpower and Ad Hoc Judge at the Industrial Relations Court (2006-2016), the imposition of a six-month working period does not cancel the employment agreement. It is the excess time of three months that is void, so the probation period is still valid if only a period of three months is counted. The remaining three months is not a probation period and the employee is considered a permanent employee.
The Importance of Employment Agreements for Probation
Companies have the option to give a probation period to prospective permanent employees. Now if you require it, it is better to write it in the offer letter or employment agreement letter. This is because, during the probation period, there are several rights and obligations that must be fulfilled by employees and companies. Moreover, the rules regarding the employee probation period also have a clear legal basis, so that if violated, it can be subject to punishment both criminally and civilly.
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Apart from being used to protect employees, employment agreements are also important to bind and protect companies so that they can get their rights. In other words, this agreement is the basis for both in establishing an employment relationship, including in terms of probation rules.
KH Contact
This is an explanation of probation for employees along with the rules of their rights and obligations. To clarify the rules agreed between the company and employees during the probation period, it would be nice to always be outlined in a written agreement in the form of an employment agreement letter. To make it, KH Friend can just leave it to the Legal Contract. We can help you to make an employment agreement letter more easily and quickly, in just 24 hours! So, what are you waiting for? For ordering information, immediately visit the KH Services – Letter of Agreement page. If you have any questions, don’t hesitate to consult with us at Ask KH and Direct Message (DM) to Instagram @kontrakhukum. With KH, #semuajadiberes!
