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help regarding probation period / work contract breach 2

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compguy22

compguy22

Mechanical
Mar 14, 2022
57
My work contract states that my probation period is 6 months. After probation period completion my salary is also to be revised (increased). Now I am about 7 months since start of work.

During the probation period there is one interim review at 3 months and then final review at 6 months.

During interim review boss filled report that decision is performance is OK so far, decision is employee retention and also verbally told me no need to do final review, same interim review report will serve as final. He said he will send a copy of interim report to me, but never did.

Fast forward, after 7 months of work, salary was not revised. I also assumed I am confirmed in my job, since no notice given otherwise; it was the opposite, I am given long term assignement and projects responsibilities. So far, no final review was done further.

Since salary was not revised, contacted payroll, thought it is admin misunderstanding. They said they were not instructed by Management to increase pay. Went to boss, said could you please take a look at, as there is % salary increase due.

Boss said, we still need to make final review on decision of probation period (despite 6 months having revolved). I said Boss do I have to assume probation period is not completed yet? He said it is completed but yet my final decision is pending, whatever that is. He said that he did not schedule review during 6 months period, on ground that it did fall during vacation time, stating this is not an excused but reality. BTW, Boss is licensed professional engineer.

I think there is breach of labour law. Would you be so kind to give me orientations?

Do I have to stick to two weeks notice if I resign.

Thanks
 
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Maybe you have a case, but take the high road. You may have caught the boss unaware of this clause, and this could be "one of those guys" who can't make a mistake. Now that you've been brushed off, make your next requests in writing.

Good thing you noticed it now. Does the contract wording state that the % increase is granted "after the 6-month probation review", or "after 6 months"? Words matter on contracts.

I would go back to HR with the contract in your hand (the copy that has your boss's signature on it) and show them the details. You don't have to get your boss involved if HR can fix this with payroll themselves (they may have that much control). If not, at least make a friend and advocate for your case in HR. If they defer to your boss, and the boss drags his feet for a few more weeks, you can reconsider escalating the issue. But first consider a written request to your boss that says the same as before but also advises that the matter should be brought to the attention of HIS supervisor. Since that's an escalation that makes "some guys" uncomfortable, give him a reasonable amount of time before getting him all worked up (but no more than a week or so, that's ridiculous). And ask for the correction to be retroactive.

Similar thing happened to me, but my boss at the time just forgot (it was March 2020 after all) but we got it fixed with back-pay owed.
 
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WindWright,

Thank you very much for your feedback.

The contract said: "your base annual salary will be revised to xxxx $/year after successful completion of your probation period."

A little above there is a clause that define probation period:
"In the course of the next 6 months, the company will evaluate your performance and determine whether you possess the skills and competence required for the job"

The issue is salary but not only, it is the fact that now boss is putting again the decision on the table regarding probation period and he is doing so outside of the 6 months period per contract. I do not think this is innocent and trust is damaged at this point from my side. No feedback received on probation period should equate confirmation on the job.
 
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Is it an option to escalate to Ombudsman ? I do not trust HR very much.
 
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How you handle it depends on what type of person you are and whether you want the job. You never actually *have* to serve a notice period, but there can be consequences ranging from the company refusing to give you a reference (quite reasonable), to them taking some legal action against you (seems unlikely in the current situation).

I don't know your company, but some managers are quite casual. They've landed in management with little training, on the back of being senior engineers. I think you need to remind your manager that your pay is linked to your 'graduation' from probation, so he can't let it drag out. How he responds will be a good hint on whether you stay. It sounds like you should easily get the raise confirmed within a week, or otherwise know you need to leave. Keep it informal; don't wave the contract at them as your first move. They won't want you if you do that.

Also, read the contact with fresh eyes. You quoted what you said is the definition of the probation period, but the phrase 'probation period' wasn't there. Maybe the probation period isn't clearly defined. If not, another reason not to go in as the 'legal guy' if you're not an expert.
 
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comp guy,

I think your best actions are
1) Calm down a bit. I don't know if this is your first job or not, but general admin incompetence is unfortunately common practice in many firms and the next one you join could be a lot worse.
2) Your best point of contact IMHO, is HR / personnel and ask them to expedite the formal 6 month review.
3) So long as this happens within the next few weeks ( i.e. before 7 months), then just accept this, take the pay increase and move on.
4) If the formal paperwork is not completed in 7 months, then approach HR again and say you think this is unfair, that you did everything that was expected of you and now, simply because the manager hasn't completed the paperwork which he has verbally assured you that you have passed your probationary period, you have lost out $xxx due to a delay which is out of your hands and therefore would expect to see this increase back dated. Good luck with that.
5) Realise that life sucks sometimes, but being seen as a source of "trouble" will do you more longer term harm than any benefit you get from one months increase in salary. Life in engineering firms is as much about compatibility and personal relationships as it is about technical excellence. Moaning to your boss about what he sees as annoying paperwork isn't going to do you any good. Let him be moaned at by HR instead - that's what they are supposed to be there for.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.
 
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Thanks steveh49

quoted
Also, read the contact with fresh eyes. You quoted what you said is the definition of the probation period, but the phrase 'probation period' wasn't there. Maybe the probation period isn't clearly defined. If not, another reason not to go in as the 'legal guy' if you're not an expert.
unquoted

the phrase "probation period" was there in fact, I am quoting the complete clause:

QUOTE
Probation Period:
"In the course of the next 6 months, the company will evaluate your performance and determine whether you possess the skills and competence required for the job".
UNQUOTE
 
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Hi LittleInch.

Thank you. The salary issue I raised was more for the principle, honestly I am in no hurry for the pay increase.
I did not intend to involve the boss or make noises about it. I thought it is something wrong with the payroll dept. But that led me to discover something I did not expect in the fact that I took for granted that my probation period was completed soon after 6 months revolved. Apparently something else was going on.

My gut feeling is that the boss wants to end my job or make a disguised threat. In other words, bringing the fact that an official review is needed is not a problem, even though it is late and reflects badly on how procedures are adhered to (I get that nowadays, it is an endemic problem and sense of integrity is not what its used to be, at least it is not what it used to be one or two decades back), BUT him saying that "probation period is completed but yet my final decision is pending, whatever that is". It is the "whatever that is" that sends me a completely different signal.

I hope you understand where I am coming from.
Thanks for giving me a more general perspective it helps me.
Its not my first job, and honestly was used to a much better standard at former companies in terms of "rule of law".
 
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Ok, you're in a strong position. It does seem like they're in breach, but I wouldn't use that word until you've decided you're happy to leave if it comes down to it - too contractual, likely to hamper progression in this company if you go that way.

I would personally go to the boss rather than HR if you think the boss is playing games. There's a limit to how many times you can run to HR to sort out issues, and issues will just keep cropping up if the boss has some problem with you, especially if you appear too weak to stand up for yourself. Best to 'have it out' without revealing that's what you're doing, in case the boss is in fact just running late and there's no underlying issue.
 
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OK, it looks like you're being given mixed messages.

Three month review Ok, same report will suffice for the final one.

Now "still need to make the final review" and the "whatever it is" comment.

Sometimes people think that keeping a bit of a "stick" approach encourages better performance. Either way you need to get some resolution of this and it gets difficult to badger your superior more than once or twice without becoming annoying to him.

Hence my approach to talk to HR first and get them to be the annoying person.....

The longer term question is whether this sort of approach is specific to the person or endemic in the company. The first is just unfortunate (for you), the second maybe colours your long term approach.

Remember - More details = better answers
Also: If you get a response it's polite to respond to it.
 
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Agreed Little Inch.

It seems to me the situation is endemic in the company. I think the environment is a bit broken, but honestly the breach of contract is not tasty because (and that is a personal stand) it is dear to my heart that the rule of law applies (I mean at large, in anything in life). So there is kind of moderation to keep in mind and taking distance to the problem, but yes, in this respect it hurts.

Boss said to me during another general discussion (not related to this issue) he is a procedural person. Well...
 
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Could be trying to keep department costs down?

Address it directly. Contract gave this schedule, so you expect it to be followed.
 
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It is possible but it is relatively minor compensation increase.
But who knows the motivation.
 
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Everything is a breach or crime with you. I'd let you go.
 
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Maybe the final test is to see how he addresses this problem. [ponder]

So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik
 
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I would simply write HR a short note stating that "the six month period for probation has passed; can you please advise me of how my work has been evaluated, and is there a manner in which I can improve it?" [pipe]

So strange to see the singularity approaching while the entire planet is rapidly turning into a hellscape. -John Coates

-Dik
 
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TheTick,

"Everything is a breach or crime with you. I'd let you go."

A contract is a contract and it has to be adhered to. When not then it is a breach. What part of it do you not understand?

Where did you see me complaining about "everything"? was my complaint not specific and to the point?

So how come do you feel untitled to just drop a sentence or two.

Be sure, it does not say anything about me, it says a lot about our times.

Appreciate you sir.
 
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Hi Dik,

"Maybe the final test is to see how he addresses this problem."

I spoke with HR as I decided I won't let this go. I did just say to HR, sorry but this is the clause and situation and the handling of it concerns me. They looked again at the contract and said that this needs a follow up and what they will do now is escalation to HR manager.

I did not speak to boss anymore on this point. I will just wait and see how he will be handling it.

This was the latest update!
 
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OK sounds like progress. Don't rush it, but don't drop it. Optimistically, one manager may talk to the other manager and sort it out with no more input from you. Next week, if you don't get any news, slide a request for an update into the water-cooler chit-chat.
 
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Exactly. Thank you.

Sorry for bothering you again, but what is your interpretation of the "whatever that is"

Exp.: "I have yet to officialize the decision, whatever that is."

I understand that a decision of successful completion of probation period is not made yet.

How do you understand it?

Thanks again for the help!
 
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