Important. This material is for reference. Before making a specific decision, check the current version of the Labour Code at adilet.zan.kz.
How long probation can last
As a general rule a probation period may not exceed three months. For certain categories it may be extended to six months — heads of organisations and their deputies, chief accountants and their deputies, and heads of branches and representative offices.
| Category of employee | Maximum probation period |
|---|---|
| General rule | 3 months |
| Head of the organisation and their deputies | up to 6 months |
| Chief accountant and their deputies | up to 6 months |
| Heads of branches and representative offices | up to 6 months |
The key condition: probation must be in the contract
The probation condition must be stated explicitly in the employment contract. If there is no such condition, probation is deemed not to have been set — regardless of what was said at interview or written in the order.
Practical conclusion. Check your employment contract template right now. If the probation condition is missing or vaguely worded, all your employees are legally engaged without a probation period.
What happens if the period expires
If the probation period has expired and the employer has not notified the employee of termination, the employee is deemed to have passed probation. From then on termination is possible only on general grounds — with all the accompanying procedural requirements.
This means the decision must be taken not on the final day but well in advance, leaving time to prepare and serve the notice.
Termination on an unsatisfactory result
Where an employee's work during probation produces an unsatisfactory result, the employer may terminate the employment contract by giving the employee notice stating the reasons that formed the grounds for termination.
Note the word "reasons". A notice without justification is a notice that is easy to challenge. The reasons must be specific and capable of being substantiated.
How to substantiate an unsatisfactory result
- On day one, record in writing the expected results for the probation period — in measurable form
- Keep a documentary trail: tasks, deadlines, actual results
- Give interim feedback in writing, not only verbally
- Retain memos from the manager and mentor about specific shortcomings
- Do not stop at "did not cope" — state which tasks were not performed and in what respect
Five typical mistakes
- The probation condition is not in the contract but the employer relies on it. Probation is deemed not to have been set
- Setting a period longer than permitted. The condition is void to the extent of the excess
- Missing the end date. The employee is automatically deemed to have passed probation
- Giving notice without stating reasons. A formal ground exists but no justification — a high risk of dispute
- Not recording criteria at the start. Assessment three months later turns out subjective and unprovable
What you cannot do during probation
Probation does not create a separate legal regime. During this period the employee enjoys all the rights established by legislation.
| Common misconception | How it actually is |
|---|---|
| "We pay less during probation" | Pay terms are determined by the employment contract; reducing pay for the same work is unlawful |
| "Probation can be extended if we have not made up our minds" | Extension beyond the statutory limit is not permitted |
| "You can dismiss any day without explanation" | Notice stating the reasons for the unsatisfactory result is required |
| "Probation can be set for any employee" | For certain categories of employee setting a probation period is not permitted |
| "Sick leave does not count towards probation, so it extends itself" | The method of calculation is governed by the Code — you cannot rely on automatic extension |
A company hired a specialist with a three-month probation period. In the second month the manager decided the person was not suitable but formulated no specific complaints: "not the right level."
The notice was drawn up on the final day of the period, using general wording with no description of shortcomings. The employee went to court, and the company could substantiate neither the assessment criteria set nor any facts of improper performance.
Had the expected results been recorded in writing on day one and feedback given monthly, the dispute would have been impossible.
How to use probation properly
Probation is an assessment tool, not an emergency exit. It works when both sides understand the criteria.
| When | What the employer does |
|---|---|
| Day one | Records in writing the expected results for 30, 60 and 90 days |
| Every week | Short feedback: what is working, what is not |
| Day 30 | Interim assessment, in writing |
| Day 60 | Second assessment — the last point at which the situation can still be corrected |
| Two weeks before the end | Decision and preparation of documents |
This approach not only provides legal protection but noticeably reduces departures during probation: a significant share of newcomers resign precisely because they do not understand what is expected of them.
A view from the other side
It is worth remembering that probation runs both ways: during this period the employer assesses the employee, but the employee is also deciding about the company. A significant share of departures during probation happen at the employee's own initiative.
So the more clearly this period is structured — clear criteria, regular feedback, a mentor — the higher the chance the person will not only cope but want to stay. A probation period remembered only in its final week is equally poor as an assessment tool and as a retention tool.
In brief
Probation lasts up to three months, and up to six for heads of organisations, their deputies, chief accountants and heads of branches. The condition must be in the employment contract, otherwise probation has not been set. If the period expires without notice, the employee is deemed to have passed. Termination requires notice stating specific reasons, so assessment criteria must be recorded from day one.