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Guide To Employment Rights During Probation Period In Singapore

Being on probation does not mean you have no employment rights


Starting a new job often comes with a probation period. During this time, your employer assesses whether you are suitable for the role, while you decide whether the job and company are right for you.

Being on probation does not mean you have no employment rights. You can still be entitled to statutory leave, CPF contributions and other protections. Your employer can also terminate your employment during probation, but it must still comply with applicable employment laws and contractual terms.

Understanding Your Probation Period

A probation period is an initial period of employment during which an employer assesses a new employee’s suitability.

There is no separate category of “probationary employee” under the Employment Act. If you are working under a contract of service and are covered by the Act, being on probation does not by itself remove your statutory employment protections.

Employers are required to provide covered employees with written Key Employment Terms (KETs), which include important information such as salary, working arrangements, leave entitlements, probation period and notice period.

Your employment contract should therefore be your first reference point.

How Long Can A Probation Period Be?

Again, there is no standard probation period prescribed under the Employment Act. Companies may use probation periods of three or six months, but the actual period depends on your employment contract.

Your contract may also state whether your probation can be extended, how confirmation is determined and whether different notice periods apply during and after probation.

Check your employment contract for the notice period. Some employers provide a shorter notice period during probation, while others use the same notice period throughout employment. Generally, an employee can either serve the required notice period or pay salary in lieu of notice.

Can Your Employer Terminate You During Probation?

Yes. An employer does not have to wait until the end of your probation before terminating your employment. However, the employer generally still has to follow the applicable notice period under your employment contract or the Employment Act.

Likewise, completing your probation period does not automatically mean your employer must confirm you. Depending on the employment terms, the employer may confirm you, extend the probation period or terminate your employment.

What Notice Period Applies During Probation?

Your employment contract takes priority if it specifies a notice period. The notice period must be the same for the employer and employee.

If your employment contract does not specify a notice period, the Employment Act provides default notice periods based on length of service:

Length of ServiceNotice Period If Contract Does Not Specify One
Less than 26 weeks1 day
26 weeks to less than 2 years1 week
2 years to less than 5 years2 weeks
5 years or more4 weeks

Do You Get Annual Leave During Probation?

Being on probation does not automatically mean you have no annual leave entitlement. Employees covered by the relevant provisions of the Employment Act become entitled to paid annual leave after working for their employer for at least three months.

This means an employee on a six-month probation period may already qualify for statutory annual leave before being formally confirmed. Your employment contract may also provide annual leave above the statutory minimum.

The relevant question is therefore not simply whether you have passed probation, but whether you meet the length-of-service requirement and what your employment terms provide.

The same principle applies to paid sick leave.

MOM states that being on probation does not affect your sick leave entitlement if you meet the eligibility criteria. Employees covered by the Employment Act generally become eligible for paid sick leave after three months of service. The entitlement is pro-rated between three and six months of service, with the full statutory entitlement available after six months.

An employer therefore cannot deny statutory sick leave simply because an employee has not yet passed probation.

Can Your Employer Simply Say You Performed Poorly?

Not necessarily. A Singapore wrongful-dismissal case in 2026 highlighted that employers may also be accountable for how they assess employees during probation.

In a 2026 Employment Claims Tribunals case, an employee was dismissed shortly before completing a six-month probation period. Her employer said she had failed to meet its performance standards. The tribunal found that the company had not sufficiently substantiated the poor-performance assessment. Among other issues, some performance expectations had not been clearly communicated and the employer had not properly followed parts of its own probation review process.

The employee was awarded $30,000 for wrongful dismissal.

This does not mean companies cannot fail employees on probation. Employers are still entitled to set reasonable performance standards and decide whether an employee is suitable for confirmation.

The key point is that if an employer specifically relies on poor performance as the reason for dismissal, it should be able to substantiate that reason. Employees may therefore want to keep records of KPIs, performance reviews, feedback and discussions about their probation.

What Should You Check Before Starting A Job?

Before accepting a job, check your probation terms as carefully as your salary and job title. Look at the probation period, notice period, whether probation can be extended, how confirmation is determined, whether benefits change after confirmation and how your performance will be assessed.

Probation may be a period of assessment, but it is still employment. Your employer can assess whether you are suitable for the job, and you can decide whether you want to stay.

Your contractual and statutory employment rights continue to matter throughout that process.

Read Also: Being Put On Unpaid Leave By Your Company? Here’s What You Need To Know About Your Rights As An Employee

Photo Credit: DollarsAndSense/Soh Qi Hang