The Industrial Employment Standing Order Act is an Act which directs all employers (who employ 100 or more workers) to have a certified standing orders of their own. The Act provides only for a model of standing orders and not the exact provisions to be incorporated. As such rules relating to notice period required to be followed by different categories of employees such as probationer, regular etc should be provided by the respective employer in the respective standing orders only. Please note what I have earlier posted "If the standing order or the appointment order is silent about clause of probation........" That means you should have given a separate category of employees as "Probationer" in your standing Orders and you should have mentioned in it "the notice period" and in the absence of such provision in the standing orders, he will be deemed a regular employee and the provisions of Industrial Disputes Act relating to serving of notice before termination, closure, transfer of undertaking etc will apply. Since in such circumstance a probationer is also to be given notice of retrenchment etc, he is morally bound to serve notice to the employer before he leaves. The duration of notice is purely an internal matter and if we refer the ID Act, from the part of employer is is one month in such companies which employ less than 100 and three months in companied employing more than 100 employees.

An employee under training shall be made probationer and thereafter a regular employee but according to the standing orders. It shall be regarded as an employee undergoing severla stages of promotion by the Law.

There is no specific law to establish that a person shall be put on probation for such a number of months under probation. This depends upon how difficult is the job. Generally 6 months is ideal.

Regards,

Madhu.T.K