26/06/2026
MY PROBATION ENDED TWO WEEKS AGO, BUT MY BOSS SAYS I’M STILL ON TRIAL BECAUSE THEY HAVEN’T CONFIRMED ME YET – IS THAT LEGAL?”
Kato was employed as a sales officer at Cheap Clothes Kampala on a six-month probationary contract. When the probation period ended two months ago, his employer continued to pay him and assign him work without giving him a formal confirmation letter or extending his probation. When Kato asked about his status, his supervisor said, “We are still observing you, so you are not yet confirmed.” Kato is worried and confused because he has no job security. Can his employer keep him on probation indefinitely just by not saying anything?
WHAT DOES THE LAW SAY?
Under the law, if an employer does not formally extend a probationary contract but continues to pay the employee after the probationary period lapses, the employee is deemed to have been confirmed in employment by operation of law. This means that Kato’s employer cannot simply keep him in limbo. By continuing to pay him and assign work after the probation period ended, Kato is now legally a confirmed employee with all the rights and protections that come with that status.
In Kato’s situation, because his employer continued to pay him after his probation period expired, he is now automatically confirmed. His employer cannot claim he is still on probation. If his employer tries to terminate him now, they must follow the procedures for terminating a confirmed employee, not a probationary one.
KEY TAKEAWAY
If your employer continues to pay you after your probation period ends, you are automatically confirmed as an employee.
Are you being kept on probation beyond the agreed period? Inbox us for guidance on your rights under the Employment Act.