Probation Period Dilemma: Is It Legal to Extend Beyond 11 Months Without Confirmation?

Can a company keep an employee on probation for more than 11 months? The date of joining (DOJ) is 26th June, and confirmation has not been provided yet. Is this legally acceptable, considering it has been almost a year?

Period of Probation

The period of probation is predetermined and fixed in the contract of employment. If the employer finds the probationer not suitable, they can either terminate the services or extend the probation period further before the end of the initially determined probation period. Otherwise, the employer must formally declare in writing that the probationer has successfully completed the probationary period and confirm them. However, the employer cannot simply keep the employee indefinitely as a probationer for as long as they desire.

If it is explicitly mentioned in the contract of employment that the "initial period of probation of ... months can be extended one more time, if the performance of the staff is found unsatisfactory as against the expected," then certain conditions apply. In such a situation, a benchmark performance criterion may have to be fixed, the compliance of which will entitle confirmation. Otherwise, the services of the staff may have to be terminated. However, endless extension is impossible, as observed by our senior member.

Request the input of the honourable senior members.