Labour Law & Hr Consultant
Arun Kumar Maitra
Presently Working As Company Secy. In Old
Zonal Hr, New Delhi
Agile Solutionist
Employment Lawyer
Lawyer & Consultant
It Professional

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Dear Seniors,
Is Probation period really needed to confirm the employment of an experienced personal.
If it is, then how much we are obliged to mention the same in Appointment Letter.
Won't it be useful if we as an HR personal let them feel their firm employment since very first day. So that they can give their 100% not in the circumstance of fear of losing job but aspiration of getting recognized.
Warm regards,
Manish Gupta

From India, Ghaziabad
Any employee, irrespective of level of experience may require some time to get adjusted with the new organization. So better put employee under probation for 30 - 45 days
From India, Bangalore
My question is whether we are legally obliged to mention the time span of probation period in appointment letter.
Can't we just put the clause that everyone has to pay notice period irrespective of probation things(That's why I am advocating elimination of probation) in case of an employee is tend to leave organization.

From India, Ghaziabad
My dear Manish,

Your initial question seems to be very logical and reasonable. As such it's a right question.All questions are right but the answers may go wrong because it is imperative that the questions alone should not be answered but the questioner too. After reading the answer of "Consult me," I am very sorry, you've posed a wrong follow-up question.The answer was not that prescribing a period of probation even for an experienced hand is a must in every perspective and the period of probation he suggested is not with reference to the incumbent's assignment but solely to that of the people and that of the work culture of the organization - that's all.Then, why you become so legalistic? Law cannot solve all problems.Problems are self-perpetuating and therefore all laws are in a flux.What the law sets down are minimum standards with reference to the mischiefs it aims at rectifying. No law prescribes that there should be a period of probation or an age of superannuation!

From India, Salem
My organisation has got 6 months of probation. I joined the organisation with 7 years of IT experience. Only after joining i came to know about this 6 months probation and i was quite upset by it. Bottomline is that any such restrictive clause must be shared with employee before he joins the organisation.

Its better if new entrant didnt turn up after sharing this info rather than him leaving the organisation after 1-2 months of joining.

My 6 months probation gave organisation rigts to terminate me with one day of notice & vice-versa. I was not entitled for any PL but was generously given 3 days of SL to be utilzed in 6 months.

I am okay with probation of 30 to 45 days because its enough time to judge if any blunder has happened. If a company needs 3-6 months to confirm that their recruitment decision is right, then they have to accept that they have serious flaws in their ability to select right candidate.

Now this is a double edged sword which can hit company badly.We had deployed few experienced people at customer place within few months of joining. One resource after going all the training decided to quit after one day of notice and we had tough time arranging for alternative.

Probation period is mainly used with entry level resources and mid-top level people do not appreciate it much.

From India, Mumbai
Legally speaking there is no rule and it is at your discretion to decide. However, your concern and reasons are valid and have their own implications, but in my opinion no matter how senior the employee is there is some chance of adjustment to the work culture and other issues that may determine his continuance in your company, in any case I have seen Sr. employees either leave in 3 to 6 months if they want to leave or stay for good.

From India, Chennai
There is no hard and fast rule in this regard.It depends upon the HR Policy of the concerned company and varies from concern to concern.However, normally all companies keep a new employee irrespective of his qualification and experience on probation for some period to ascertain his suitability.The period of probation should be specifically stated in the terms of engagemet.
From India, Delhi
What If we do not state "Probation period" in written & assign everyone same notice period since the day of incorporation of his/her duties (Irrespective of time required
to adjust in work culture/to evaluate the efficiency of an employee)????????

From India, Ghaziabad
If you do not inclue a clause regarding probationery period in your engagement letter,then you cannot terminate the employee without holding a proper departmental inquiry.Thus, you will be compelled to retain him even if you are de-satisfied with his performance.Therefore,it is in your own interest to include the above clause.But in case of probation,you need not regularise him after completion of his probation and the contract will come to an end,if so specifically stated in the appointment letter.
From India, Delhi
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