Important Notice
This article provides general information about probationary periods in the context of employment in Québec. Rights and obligations may vary depending on the circumstances, employment contract, collective agreement and applicable legislation. This content does not constitute legal advice.

What Is a Probationary Period?

A probationary period is a period at the beginning of employment during which an employer can assess a new employee’s adjustment to the position, skills and ability to meet the organization’s expectations.

It also gives the employee an opportunity to discover their new work environment, better understand their role and determine whether the position and organization meet their expectations.

The length and terms of a probationary period may be established in the employment contract, organizational policies or a collective agreement.

What Is the Purpose of a Probationary Period?

A probationary period primarily helps determine whether the employment relationship meets the expectations of both parties.

For the employer, this period can be used to assess:

• The skills required for the position.
• The quality of the employee’s work.
• Their ability to learn.
• Their level of autonomy.
• Their adaptation to work methods.
• Their ability to meet communicated expectations.
• Their integration within the team.

For the employee, it is also an opportunity to experience the position, management style, team and organizational culture firsthand.

How Long Does a Probationary Period Last?

There is no single duration that applies to every probationary period.

An organization may, for example, establish a three-month or six-month period depending on the position and circumstances. The applicable terms should be clearly communicated to the employee when they are hired.

It is also important not to confuse an employer-established probationary period with the different continuous service thresholds established under Québec employment standards legislation.

For example, regarding notice of termination, Québec’s Act respecting labour standards provides that an employee with less than three months of uninterrupted service is among the situations where the notice provided for under section 82 is not required. After three months, the required notice varies according to the employee’s uninterrupted service.

Is a Probationary Period Automatically Three Months?

No.

The common reference to a “three-month probationary period” can create confusion. The three-month threshold found in the Act respecting labour standards for certain termination notice requirements does not mean that all probationary periods in Québec automatically last three months.

The duration of a probationary period instead depends on the terms governing the employment relationship, including the employment contract, internal policies or, where applicable, a collective agreement.

Can Employment Be Terminated During a Probationary Period?

Employment can end during a probationary period, but simply being “on probation” does not mean that all rules governing the employment relationship no longer apply.

The Act respecting labour standards includes specific rules regarding notice of termination. According to the CNESST, notice under these provisions is not required when an employee has less than three months of uninterrupted service. After three months, notice may be required depending on the employee’s length of service, subject to the exceptions provided by law.

Other rules and protections may also apply depending on the circumstances. Each situation should therefore be assessed based on its specific context rather than treating probation as a general absence of employee rights.

What Is the Difference Between Probation and Uninterrupted Service?

These two concepts should not be confused.

A probationary period is generally an evaluation period established as part of the employment relationship.

Uninterrupted service, on the other hand, refers to the period during which an employee is bound to their employer by a contract of employment, even if the performance of work is temporarily interrupted in certain circumstances. This period is used to determine certain rights under the Act respecting labour standards.

For example, the remedy under section 124 of the Act respecting labour standards for an employee who believes they were dismissed without good and sufficient cause is available, subject to the applicable conditions, after two years of uninterrupted service in the same enterprise. This threshold is separate from the length of a probationary period established by the employer.

How Should a Probationary Period Be Structured?

A probationary period should be structured rather than simply treated as a date to reach.

From the beginning of employment, the manager should clarify:

• The responsibilities of the position.
• The objectives to be achieved.
• The expected skills and behaviours.
• The criteria that will be assessed.
• The resources available to the employee.
• The planned opportunities for feedback.

This approach helps employees understand how their adjustment and performance will be evaluated.

Why Are Follow-Ups Important During Probation?

Waiting until the final day of a probationary period to tell an employee that their performance does not meet expectations can limit opportunities for improvement.

Regular meetings instead allow managers to discuss what is going well, clarify expectations and identify areas for improvement early in the process.

For example, a manager may schedule a follow-up after the first few weeks, another midway through the probationary period and a more formal meeting before the end of the period.

These conversations can also help maintain a clearer record of expectations and feedback provided throughout the process.

What Is the Role of Human Resources?

HR can help ensure that probationary practices are consistent throughout the organization.

HR professionals can:

• Establish a clear probation process.
• Provide managers with appropriate tools.
• Structure follow-up meetings.
• Clarify evaluation criteria.
• Document observations.
• Support managers when situations become more complex.
• Promote consistency between practices and organizational policies.

Support from an HR consultant can also help organizations structure their management practices, policies and HR processes.

What Mistakes Should Be Avoided During a Probationary Period?

Certain practices can reduce the effectiveness of a probationary period.

For example:

• Failing to clearly communicate expectations.
• Providing little or no feedback.
• Changing evaluation criteria during the process.
• Waiting until the end of probation to identify a problem.
• Evaluating only results without considering the employee’s learning curve.
• Failing to document important follow-ups.
• Assuming that probation automatically eliminates an employer’s legal obligations.

An effective probationary period should provide a transparent and structured evaluation of the employee’s integration and performance.

What Happens at the End of a Probationary Period?

At the end of the established period, a meeting can be used to review the employee’s integration and performance.

The employer can revisit the original objectives, recognize progress and establish priorities for the coming months.

When certain expectations have not been met, the situation should be assessed based on the facts, available documentation and applicable framework before determining the appropriate next steps.

In Summary

A probationary period is an evaluation period at the beginning of an employment relationship. It allows an employer to assess a new employee’s skills and adjustment while giving the employee an opportunity to determine whether the position and organization are a good fit.

To be effective, the probationary period should include clear expectations, regular follow-ups and constructive feedback.

In Québec, it is also important to distinguish the length of an internal probationary period from the various uninterrupted service thresholds established under employment standards legislation. An employer’s probationary period does not replace rights and obligations established by law.