Is a 20-30 Day Skill Evaluation Legal and Effective for Hiring? Let's Discuss!

In order to choose the right candidates, we wish to put them on a 20-30 day skill evaluation test. During this test (extended interview), their punctuality, learning speed, skills, temperament, etc., will be evaluated. They will be paid a mutually agreed conveyance for this period. We wish to do this to avoid appointing the wrong applicant and then unnecessary paperwork/litigation in termination. They will be given an Appointment Letter only when they pass the evaluation.

My Questions Are:

1. Is it legally tenable?
2. What care should be taken in drafting this test so that it cannot be treated as an appointment?
3. What else can we do so that any unsuitable candidate can be terminated without much hassle?

The selection procedure is totally at the discretion of the management, and there is no law that can stop you from conducting a 20-day evaluation process.

Drafting the Evaluation Test

What care should be taken in drafting this test so that it cannot be treated as an appointment? Ideally, you should not give any letter stating that the individual is being assessed for a specific position. Instead, provide a letter indicating that it is a training period during which their skill sets and competencies will be evaluated, subject to satisfactory results.

Ensuring Easy Termination of Unsuitable Candidates

What else can be done so that any unsuitable candidate can be terminated without much hassle? The best approach to recruitment is to have an assessment center implemented with a team of members who will assess the candidates. This method provides a thorough evaluation, especially when conducted by professionals trained as assessment center analysts. For more details, feel free to get in touch at [Email Removed For Privacy Reasons].

Regards,
DEV

Further to what Simhan has said, it is a very valid point. If you have an employee based at your work location for 20 days, that means they are taking a risk with their current job. Ethically, as a prospective employer, you need to pay them the actual salary wages in proportion to what they will be losing at their present job.

Company Policy Communication
Company policy will be clearly explained to candidates before sending them for this test. It is possible that some working employees won't accept this method, and we may conduct evaluations in phases so that they can continue in their existing job. Compensation can be mutually decided.

I believe that hiring the wrong person harms both parties.

Regards,

You have not answered my question about whether the candidates being assessed will be contributing towards the production of goods or services offered and whether you earn money out of their work while being assessed.

The candidate will not contribute anything towards production or service. In fact, the company will be spending on them in this process.

Regards,
Deepak

Methods to Choose the Right Candidates

What other methods can be used to choose the right candidates? The selection of the wrong candidates is challenging for both employers and employees. Many times, applicants may exaggerate their capabilities, education, and previous experiences. I feel it is very difficult to choose the right person based solely on their papers and interview skills.

Your post raises various points.

a. Will a candidate be willing to commit to the 20-day testing period? Does your company carry that kind of brand power?

b. Candidates may be on their best behavior for 30 days and then revert to their preferred state of performance. It may seem to candidates that you wish to make use of their services on a contract basis without taking any liability.

Additionally, studies show that people take about 30-60 days to start delivering optimally on the job, so the first 20 days are only about impression management. Is that what you want?

Even if a candidate agrees to 20 days, do you have the manpower within the company to first train the candidate, and then supervise his/her working? Aren't you then losing out on two people's productivity?

Conducting Well-Designed Assessment Centers

I believe conducting well-designed assessment centers will help you select the right candidate for the position that you are hiring for. These are tools which are designed to capture all the relevant information for job performance which is under the individual's control.

It may seem to candidates that you wish to make use of their services on a contract basis without taking any liability. The company shall be compensating for this period.

I assume you are catering to fresh candidates. Please specify the types of tests and skill evaluations you conduct and the process involved.

If the goal is to assess machine skills, a basic test on machines for specific components with five to six parameters should suffice. It should not require 20 days. The same principle applies to most manufacturing processes, except for continuous process industries where a 20-day test would not yield significant results.

For testing learning abilities, you should introduce new concepts not covered in their technical education. In this scenario, providing short-term training with a stipend is appropriate.

Ensure that your training engagement letter outlines the skill/module-wise evaluation process from the beginning of the assessment. If the individual consents to undergo the training based on these terms, there should be no issues. Clearly define the proficiency level expected from test takers.

Kind regards,

Dayanand L. Guddin

When in doubt, we can consider the example of the government, which serves as a model employer. Moving to the other end of the spectrum, organizations like the army and civil services recruit individuals and provide them with extensive training that can last for several years. During this training period, they may not be productive, but they receive full salaries.

Point No 2: You previously raised a question that was addressed in the MBNQA a decade ago. It is suggested that a potential employee should have the opportunity to spend half a day experiencing the role they are applying for. If they enjoy the work, then it may be a good fit.

Point No 3: Are you having difficulty evaluating people's skills? This is where testing plays a crucial role. Familiarize yourself with assessments such as Belbin, Watson & Glaser, PSI, RSI, or other tests that can assist you in making more informed decisions.

Thank you.