No mass opt out for 90 day law

January 12th, 2011 at 10:38 am by David Farrar

Kate Chapman at Stuff reports:

Public servants will not be forced to have a 90-day probation period but it will not be ruled out in their contracts.

Well done Kate for accurately reporting the policy, rather than the hysteria that 90 day probation periods will be compulsory.

All that has been stated is that no government agency will agree to a collective agreement that forbids probation periods. If they agreed to such a thing, it would effectively ban grievance free probation periods.

Instead each agency will decide whether or not to ask for a probation period, when hiring someone.

A spokesman for the State Services Commission said government departments were always required to enact government policy. However, it would be silly to assume the 90-day probation period would be applied to everyone in the state sector, he said.

“You go through these incredibly long and arduous recruitment processes to get the best people, you don’t then turn around to them and say: `Oh by the way, we’re putting you (on a probation period),’. It’s just common sense.”

Exactly.

Incidentially in the UK they have just extended the grievance free period for employees from 12 months to 24 months. Shows how moderate the NZ policy is.

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8 Responses to “No mass opt out for 90 day law”

  1. peterwn (3,307 comments) says:

    Trouble is the “incredibly long and arduous recruitment processes” do not always work. They can let in someone who is then found to be unsuitable, and conversely they exclude a promising but possibly a high risk candidate. Presumably a public sector employer will waive the 90 day trial for a prospective employee with a solid history of performance and results, but will require it for ‘entry level’ employees whose previous work experience was merely part time hamburger flipping.

    IT has occurred to me that the likes of Niccolò Machiavelli could use the 90 day rule to great advantage in collective agreement negotiations by taking focus off pay, etc.

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  2. Inky_the_Red (761 comments) says:

    Let’s get this right. In an employment agreement workers in the state sector cannot negotiate on all their conditions. Seems very nanny state

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  3. Pete George (23,683 comments) says:

    Try again then Inky, you haven’t got it right.

    It could give a job candidate an advantage if they volunteer for the 90 day rule – I’d be happy to back my ability to prove myself in any job I applied for and do this.

    The 90 day rule isn’t essential, there should be nothing to stop an employer from offering a fixed term contract of any length they like, and at the completion of that repeating another fixed term or offering a permanent position.

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  4. Fisiani (1,047 comments) says:

    Fisiani says: ON RED ALERT
    Your comment is awaiting moderation.

    January 12, 2011 at 11:36 am
    You dont need a reason to give someone without a job a work trial offer under the 90 day chance to prove yourself law. If they are the 4 in 5 (80%) who fit in well according to Labour Department research then excellent for them and the firm. If they do not fit in well then they do not have to stay and can be asked to move along to find a better fit. Sounds like a win win policy.

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  5. Mike Readman (365 comments) says:

    I never thought I’d live to see the day when a spokesperson for the government would say something that made sense!

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  6. emmess (1,432 comments) says:

    Doesn’t really make any difference either way in the public sector
    Which government departments fire incompetent employees? Let alone within 90 days.

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  7. backster (2,184 comments) says:

    I don’t like this type of discretion. The 90 day probation should apply to all.

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  8. flipper (4,205 comments) says:

    The unexpurgated version of the Air NZ Gay/Kahui promo was run on Air NZ’s flight from Melb to Wellington on Monday, Jan 10.
    Great entertainment.

    The expurgated version was shown on the Wton-Melb flight on Dec 27.

    Most pax watched the videos and laughed. There was a keeness on the part of those around me to note the difference (Miniscule)in the two versions.
    Air NZ has undoubtedly now set a RECORD FOR THE MOST WATCHED PRE-FLIGHT “SAFETY” INSTRUCTION VIDEO/Announcement
    PC crap!

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