Saswatabanerjee
Partner - Risk Management
Ashoknegidi
Training Operations - Csr
Ankita1001
Sr. Hr Executive @ Polymerupdate
+2 Others

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Hi
I have few queries about Offer Letter, Probation Period & Leaves during probation period:
1) What actions can be taken legally if candidate is accepting the offer and not joining?
2) What should be the duration of Probation Period for Senior Manager Sales as per the employment law, if any. (Given is 1 year in offer letter)
3) I want to know how many leaves one should get in Probation Period as per employment law in Nashik, Maharashtra? (Given is 0)
Kindly revert me with your guidance, views on the same.
Regards
Sunil
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Hi,
1.These are common things its candidate wish to join with or not even he accepted the offer letter we can not take legal action also on the same.
2. There is no such difference to anybody like manager, executive,sales manager so make it probation period same for all employees
3. for example your giving the 30days leaves per year make it half i mean 15 for those who are in probation period that is 6months.
Hi, This is not all acceptable please find the below your comments 1. probation period : 6 months 2. make the causal half / total causal leaves, , sick leave : half / total causal leaves, PL or EL =0
Leave rules specify that the employee will be eligible for leave after one year of working.
So technically there is nothing wrong with this.
The rest is dependent on company policy
I assume that your company will credit leave to his account at the end of the year to use in the next year. Then this is ok
your correct now my question is how the employee will work with organization without any kind of leave ?
i can say below reasons for formulating this kind of typical hr policies
1. attrition rate
2. hard work culture
3. depends on the designation also
People can and do manage without leave for a year.
In any case, companies do give unpaid leave for emergency requirements.
Many companies have this type of a system.
Some soften it a little by giving part of the leave after the first 6 months of working. But then again, most companies do have a 3 or 6 months probation rule.
Expecting to get leave soon after joining is not logical (at least that is my opinion).
Yes, work culture does drive decisions on such policies in hr. I am not sure if attrition is the reason for such a thing. In fact if attrition was the problem, then hr would bend backward and give leave to retain people.
Probation period is usually 6 months followed by a confirmation excercise.
Post which the employee is also given a confirmation letter.
PL's also known as EL's should be given only after completion of probation period post approval.
CL's and SL's should be given from the 2nd month from joining .
The employee can use the CL or SL earned in the 1st month of joining, from 2nd month onwards. Only unapproved leaves should be treated as leave without pay.
Keeping an "ethical" leave policy helps employee satisfaction.
Dear Sunil;

1. When you offered appointment letter, did you make any expenses on him - like training, travel, stay etc,? If yes then it can be said that you made an offer because candidate showed his preparedness to accept job in your organisation and accepted the facilities offered by you. You may sue him for recovery of these expenses. But think it other way, why should any candidate come to a stage of offer and reject it? Better therefore is to keep quiet and gulp it down.

2. Workers are bargainable category hence there is law. For others, like Sales Manager, it is purely and simply a contract and any agreed term is legal.

3. During probation period or otherwise leave is to be earned. But that is sick leave and privilege or earned leave. As for casual leave it is always given in advance say 10 days a year on the 1st January every year. But during probation period, since it is probation and observation period no leave is granted except inevitable sick leave may be without pay and proportionate casual leave.

Vibhakar Ramtirthkar

SVR Associates

HR Consultant
Hi Sunil,

Please find answers to your questions -

The offer letter is the letter of intent from company's end which states that they're willing to hire some-one. Acceptance of offer letter and not joining cannot have legal implications on the applicant. If the applicant however has signed Appointment Letter (I hope you know the difference between two) the employee is required to inform the management / hr about his resignation and do proper exit formalities as is prescribed in the company's policy and serve the notice period.

Probation period of usually 6 months is given to all which can be extended if need be. However it again depends from firm to firm.

If you read Shops and Establishment Act, a probationer has no leaves to credit.

But for ever 60 days of working, he is entitled to 1 leave.

Again if the cause of leave is serious say illness or hospitalization, I think being the HR one should accordingly handle such cases. Nothing of the sort is mentioned in the Act, but it is always helpful to have Humane practices in organizations.

Hope it helped :-)
Hi Ankitha, Your comments or answers are really helpful to the HR- Executive those who are in initial stage. In addition, appreciated you patience also.
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