Legal Guidelines Of Probation Period In Labour Laws Of India

What are the legal guidelines regarding the probation period in labor laws of India?

1) Time period
2) Employee rights
3) Employer rights

Please let me know if you need more information on this topic.

Hi Sunil,

I don't think there is any labor law for the probation period. Normally, it will be the policy for the company to keep an employee on probation for a period of time, say 6 months or 1 year, but do not keep an employee on probation or as a trainee for more than 240 working days. Please refer to an act called the Conferment of Permanent Status Act, wherein it says that an employee should be made permanent or deemed as a permanent employee once he or she has worked for 240 days in a year. As far as the probationary and trainee period, you may include it as a condition in your company HR policy, like one year, 6 months, etc.

Any further doubts, you can ask me.

Regards,
R. Devarajan

Dear Sir,

I joined a company in January 2011 and completed a 3-month probation period in April 2011. I asked my company's HR for a confirmation letter, but despite sending numerous reminder emails and having telephonic discussions, I have not received any confirmation letter. Recently, the company HR contacted me citing some reasons and asked me to resign. I refused to resign, and as a consequence, they have stopped my salary and closed my company-provided email account. I am now unable to correspond with them. I have a payslip from the company but have no idea how to fight for my rights.

Regards,
Parveen Bagga

Dear Sir,

Where can I find the Act called Conferment of Permanent Status Act? Please help. My employer is refusing to make me permanent without giving a reason.

Hi zmb999,

Please refer to your appointment letter for the terms and conditions regarding the regularization of your employment. Kindly approach the JCL or ACL at your place of work for a solution to your problem.

Thank you.

Hi All,

My name is Jaivir Selwal. I was working with a 5-star hotel in Gurgaon. I resigned from the hotel on 13th January 2014. I joined on 1st July 2013 and was in the probation period, as clearly stated in my appointment letter, until I received written confirmation, whether after 6 months.

I started at Rs. 15,100/- per month and was assured a salary revision after 3 months, but I did not receive anything in writing regarding this. Despite this, my salary was not revised, so I submitted my resignation letter to my HOD after 6 months (although I could not inform HR).

Since I was in the probation period, I was not obligated to serve any notice period (the appointment letter only mentioned a 1-month notice period if I received confirmation, with no mention of the probation period).

I have now been shortlisted by an MNC, and during the verification process, the HR of the hotel labeled me as an absconder for not completing exit formalities, even though HR had not contacted me earlier. This situation caused me to miss out on a wonderful opportunity.

Please suggest a way forward, whether mutual or legal, as I fear this issue may arise again during future verifications.

Regards,

Jaivir Selwal

Hi,

Please find the guidelines for probation. Hope this may help you.

Hi, my name is Kuldeep Singh, and I am working in a central government PSU. I am in a probation period for one year. There was a case on me that was cleared before joining, but the court gave me a probation period which I have completed. Now, my department has asked me to submit the proof of clearance of probation issued by the court. I have already submitted a certificate issued by the SP and police. However, my department insists that the proof of clearance of court probation should only be issued by the court itself. In continuation of this, I have consulted with the Public Prosecutor and advocate, but they mentioned that the court does not provide such certificates. They have stated that the certificate issued by the police should suffice for this purpose.

Kindly advise me on who should provide the proof of clearance of the probation granted by the court in a case, whether it should be the court or the police.

Hello everyone,

I need to understand which act companies like Just Dial follow. Under which act are they registered?

Warm Regards,
Tanya

The guidelines on probation are applicable to private organizations as well. Kindly comment.

I want to know if a person in a probation period can receive appreciation for their work and a letter from a government institution.

Can anyone tell me if a probationary employee is terminated in one day with salary or without salary?

Hi, I have been working in an organization for the past three months. The probation period at the company is six months. I am not satisfied with the work environment and wish to resign immediately. If I resign without completing the notice period, what legal actions can the company take? My appointment letter does not directly address this issue.

Hi All, I have worked for an organization for two months and now left the company due to some personal issues. I am under the probation period of 6 months, but is it mandatory for me to pay the notice period amount? I haven't received my PF, joining bonus, or anything. I have requested to forfeit this money and relieve me, but still, they say I have to pay because it's mentioned in the offer letter that during probation, I also need to serve the notice period. Will it cause any legal issues? Do I need to pay, and if so, is it the full salary or just the basic? It's not mentioned what happens if the notice period is not served. Please clarify these for me. They have also tried to threaten me without any mail communications.

I am working in a PSU. We have to serve one year of the training period and six months of probation period before finalizing. As our training did not complete on time, I was on training for one year and 4 months. But the letter issued to me from the back date, and it confirms that I did my training in exactly one year. Now the problem arises as my probation started after one year and 4 months. So in actuality, I was on training + probation period for 1 year and 10 months, which seems wrong to me as I should have completed it in 1 year and 6 months. In between, I did not receive any letter confirming my training extension. Now, I wanted to apply for a company after 1 year and 8 months, but I am not allowed to do so as I am on probation as per the order. Please guide me on what I should do now.

Hello,

My wife has been working as an Assistant Professor for an Engineering College since 2012. The college is affiliated with the University of Mumbai, and it also has approval from the University Grants Commission. Her appointment was on an ad-hoc basis for the period from 2012 to 2015. In 2015, she received a 24-month probation order and successfully completed it in 2017. During her probation, she did not receive any memos or complaints. However, in 2018, the college suddenly issued another ad-hoc order for 11 months. Therefore, I would like to know if the college can issue an ad-hoc order after the successful completion of probation. I also want to understand the laws regarding the probation period.

Thank you.

Dear All,

Please tell me, what is the maximum number of days under probation for any staff? Which act or rule mentions this?

Thank you.

Dear All,

I worked for 7 days in a private company during my probation period. However, I started feeling uncomfortable and fell ill, which led me to leave the company by submitting a resignation letter. Now, the company is requesting me to pay one month's salary as compensation. I did not receive any salary from the company. Is the company within its rights to file a case against me even though I was in a probation period of 3 months?

Hello everyone,

I wanted to know what the provision is for an employee to leave or resign from the job during the probation period.

To simplify, if an employee is not enjoying the job, company management, or culture, can the employee leave the job during the probation period?

Looking forward to hearing from the community.

Thanks