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Trial periods

Employers can make an offer of employment that includes a trial period of up to 90 days.

Trial periods are voluntary, and must be agreed in writing and negotiated in good faith as part of the employment agreement.

An employee must a sign a written employment agreement containing a valid trial period clause before the employee begins working for the employer. For example, if an employee is offered the job on Monday, starts work on Tuesday and signs the employment agreement on Wednesday, then the trial period is invalid.

In order to be valid, a trial period clause must: