Probation and trial period: your real rights

You've just started a new unionized job. The contract mentions a "trial period" or a "probation" of 3, 6, sometimes 12 months. And around you, people keep telling you the same thing: "Keep your head down during probation, they can fire you without a reason."

It's a phrase that gets a lot of airtime. It's partly true, partly false. Here's the grid to sort the two out.

What probation really changes

During probation, two things change compared to a permanent employee:

1. The required ground for ending employment is generally looser. The employer can conclude that you don't fit the position without having to demonstrate "just and sufficient cause" in the strict sense.
2. The recourse in case of termination is often limited or non-existent. You generally cannot file a grievance challenging a probation dismissal (with exceptions, see below).

That's it. Everything else — your rights, your salary, your baseline protections — continues to apply.

What probation does not change

1. You're covered by the collective agreement

Unless otherwise specified (rare), you are a member of the bargaining unit from day one. You benefit from:

• the salary set by the grid for your job class;
• the benefits provided by the agreement (except in rare cases where the insurance or pension plan provides for a waiting period);
• paid leaves, vacation on a pro-rata basis, social leaves;
• the grievance procedure for anything that does not relate to your termination (an employer breach on your hours, a late paycheque, an attack on your dignity…).

2. You keep ARLS protection

The Act respecting labour standards applies fully. In particular:

• You have a right to a workplace free of psychological harassment (ARLS s. 81.18 et seq.).
• You can refuse dangerous work (Act respecting occupational health and safety).
• You cannot be dismissed for having exercised a right under the law (ARLS s. 122) — for example, for refusing overtime above the legal limit, or for taking a leave provided by law.
• You are protected against a prohibited practice such as dismissal for pregnancy, parental leave, health condition.

3. Your termination must have a basis

Even if the employer doesn't have to demonstrate just and sufficient cause in the classic sense, they cannot dismiss you for an illegal reason. Protection against discrimination (Charter of human rights and freedoms, s. 10), against retaliation (ARLS s. 122), against bad-faith dismissal, continues to apply.

If you are terminated during probation because:

• you are pregnant;
• you demanded to be paid for your overtime;
• you reported harassment;
• you refused dangerous work;
• you have a medical condition;

…you probably have a recourse. And that recourse may go through the union, the CNESST, or the Labour Administrative Tribunal depending on the ground.

How long does probation last?

It depends on your agreement. Typical durations in Quebec:

• Private unionized sector: 3 to 6 months, sometimes 12 months.
• Public sector: often 6 or 12 months (calendar or worked days depending on the agreement).
• Complex agreements: duration may be in worked days (e.g., 130 days) rather than calendar months — important if you work part-time or on call.

To watch for: some agreements provide for a possible extension of probation if the employer needs more time to evaluate. That extension is generally bounded (maximum duration, written reason, sometimes notice to the union).

What your agreement can add

Many agreements go beyond simple "probation = no grievance." They can provide:

• A mid-term evaluation meeting with written feedback;
• An obligation for the employer to justify in writing an end of probation;
• An appeal process to the union or a joint committee;
• Notice (sometimes identical to that of a regular position) or pay in lieu.

Read carefully the articles "probation," "trial period," "employee on trial" in your agreement. The devil is in the details.

Seniority during probation

An important point often misunderstood: during probation, your seniority is accruing (unless your agreement says otherwise).

At the end of probation, your seniority is generally retroactive to your hiring date. This matters for:

• vacation the following year;
• ranking in recalls or layoffs;
• access to posted positions;
• some premiums or step advancements.

Good news, then: the probation months aren't lost, they add to your seniority.

What to do if you feel pressured

A few signs you should document your situation:

• You're given vague or shifting objectives without proper training;
• You're isolated from colleagues or stripped of tasks without explanation;
• You're treated differently from another new employee;
• You're asked to waive a right (unpaid overtime, skipping meals) with the implication it's "to get through probation."

Document in writing, keep the emails, take notes of conversations. If a termination happens, this is what allows your union to judge whether there's a recourse.

And don't hesitate to speak to your steward now, not only when the worst happens. They're there for this.

The bottom line

Probation is a calibration period on both sides: you evaluate the job, the employer evaluates your integration. It's not a no-rights zone. You keep your fundamental protections — collective agreement for most things, ARLS for the rest.

The phrase "they can fire you without a reason" is a simplification that often serves as a pretext for passivity. The reality is more nuanced: they can end employment for a legitimate reason (incompatibility with the position), but not for an illegal reason (discrimination, retaliation).

Knowing the difference is already protecting yourself.