Madhu.T.K
Industrial Relations And Labour Laws
Devnarayanshukla
Accounts & Finance
Kartiken
Mgr-hr
+4 Others

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Dear all
I had joined a pvt ltd co. in july 2008 & I was on probation to be confirmed after one year or if found unsatisfactory the same can be more than one year.

Now I am facing problem that until now I had not been confirmed, is there any time boundation for probation period in our law, when can I demand a letter of confirmation from my employer. I am working in this company as Executive Accounts.
Need immediate help.
Dev N. Shukla.

Probation period can be fixed by the Management at its discretion and confirmation will take place either automatically or by written communication in this regard. The procedure in this regard will be there in the Standing Orders of the company or appointment order issued to the employee. Therefore, if your appointment order says that " you are under probation for a period of one year which may be extended for a further period of one year and your services will be confirmed automatically if the probation is not extended in writing" then if probation is not extended in writing, it shall be deemed as confirmed or if it says that " your services will remain on probation until confirmed in writing", then you will be confirmed only if you get letter stating that you are confirmed.

Even if you are not confirmed, during the second year of service you will be eligible for leave (earned leave) and other benefits as applicable to any other permanent employee. During the second year of your probation it will not be open to your employer to discharge your services without notice and without compensation. Similarly, for calculating the number of years service fore the purpose of calculation of gratuity, your joining the firm as probationer will be taken as date of joining. In short, extension of probation does not mean taking away of any legal right. If performance is to be measured to decide whether or not an employee should be permitted to continue in service, one year is more than sufficient for an employer.

Regards,

Madhu.T.K

Sir,
I am getting all benefits like PF,ESI,& LTA at par with other permanent employees of similar designation from my first day of joining.
Is there any issue of probation or am I confirmed after getting these benefits automatically?
Pls guide me.
Dev N. shukla.

Hello Mr. Madhu,
In the Standing order's document there is a mention of probation only upto 3 months. So can you please guide whether this is true and how does the company decide the probation period for its employees.
Regards,
Maithili

An employee on probation will be eligible for EPF and ESI right from the date of joining as per statute and other benefits like LTA and Medical being offers from the company, shall be paid from the day one itself if the company decides so. But this does not mean that you have been confirmed automatically.
If the Standing Orders say that the maximum probation period shall be three months, then under normal circumstances it will be for three months only. Even if the appointment order states that probation is for six months, it will not be maintainable since any provision in any document in contrary to what is stated in the standing orders will be invalid.
Regards,
Madhu.T.K

Dear Dev N Shukla,

Mr. Madhu T.K has given a clear cut position on the probation period which can be go throuogh carefully. If you want the probation rules under Government Sector, I am giving hereunder the details.

(i) The period of probation for the Direct recruits is for a period of two years within a continuous period of 3years. That means, a direct recuit has to complete the period of probation of two years without any break in service, EOL etc., during the continuous period of three years.

(2) The period of probation for Promotees is one year within a continuous period of two years.

(3) A formal order will be issued by the Appointing authority delcaring the employee to have satisfactorily completed the period of probation on such and such a date. If no such order is issued by the Competent Authority after expiry of the probation period, it will be deemed to have been completed the period of probation and that all the probationery rights will be accrued to the employee.

Suri Babu Komakula

Thanks Mr. Madhu,
Your comment has resolved my query regarding probation period.
I work in an IT company and have joined here last month. I was puzzled to see probation period for people less that 5 years exp. for six months as its very rare to see probation period concept in IT companies (and that too for 6 months) as due to recession people are asked to leave the premises of the company the very next moment. Hence while drafting or redrafting policies here I always refer to the standing orders and shops act document that I have downloaded from google.
Regards,
Maithili

Hi,
Madur Sir is right. I wanted to add another dimesion to it. Certain organisations confirm the completion of probationary period on receiving a police clearance and a caste confirmation (for those employed as per the reservation guidelines). If your company follows the police clearance procedure then, usually someone from the police department does a reference check at your home town/ permanent residence. They then send the report to your office. It is a normal practice. Sometimes the police guys delay it which results in a delay of your confirmation.
You can find out from the concerned person in the HR department for the reason or if comfortable you can ask your boss. He should have given a report on you by now.
Hope this helps.
Regards

hi every one,
I m new to HR world ,as I m a mba 3rd year student.& citeHR is really good source of practicle knowledge ..not every thing can be covered in classrooms,or 2-3 months internship.this helps me alot.
thanks everyone over here

Dear Madhu Sir,
I want to discuss to an extension to probation period. If say a company has three months probation period which it has stated may be increased at the discretion of managment, then how long the probation period be extended.Is it at the discretion of management of management to increase the same by say n numer of months i.e three months again?
What statutory clause mentiones if any such exists?
Regards

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