Ravi5554
Asst.manager -hr
Tushar.swar
Manager - Human Resource
Apex Management
Labour Laws Consultants
Adoni Suguresh
Sr.executive (per & Adm)
+1 Other

Can anyone brief me about the norms / rules / laws in India, regarding Casual Leave for Probationers. And whether probationary period is required for a candidate having more than 25 years of experience ??
6th June 2014 From India, Hyderabad
Dear KGMA,
First undestand that, probation period is decided by company it is their own decision & all rights are reserved by them. its is legal provision by law to given company to identiy or under observation, whether new joinee is suitable or capable to continue the companies responsibility.
for leave rules, you may check your local shops & Establishment act OR Factory act respective applicablity to your company.
6th June 2014 From India, Mumbai
Hi,

Probation

A probationary period is required upon date of hire.

Other employees who are required to serve a probationary period include temporary employees appointed to permanent positions and non-exempt employees who transfer into either a temporary or permanent non-exempt position.

Employees who transfer from one permanent position to another with no break in service do not serve a probationary period.

Policy Rationale

Probation gives the employee and supervisor a method by which to evaluate the job performance.

Supervisor Responsibility

During probation, the supervisor must evaluate the employee's performance, attitude, and potential for success.

The supervisor should:

· Explain the purpose of probation to the employee within the employee’s first of work.

· Give the employee his/her job description.

· Outline performance expectations.

· Provide adequate training.

Review Process

The supervisor must meet with the employee to discuss performance and determine whether the employee is performing satisfactorily.

A Probation Performance Review Form must be dated and signed by the supervisor and employee. The original is placed in the employee’s personnel file and a copy is given to the employee. This process must be completed before the end of the probationary period.

Unsuitability

If an employee is unsuitable, the supervisor should first discuss the situation with HR. This discussion must be had as early as possible, but at least calendar days prior to the end of the probationary period.

HR will provide advice and outline the appropriate action to take in order to extend the probationary period or terminate the employee outright.

Extending Probation

HR can approve a probation extension for up to calendar days. Extension requests must be made at least calendar days prior to the end of the probationary period. Note: The regular probation review period and review still apply.

If performance remains unsatisfactory, the supervisor must contact HR for further direction.

Termination

If the employee is unsuitable, he/she must be terminated before to the end of the probationary period.

Probationary employees cannot grieve a termination.
6th June 2014 From India, Mumbai
Hi,
According to "The Factory Act 1948" we have to provide 1 full day leave on each 20 working days to all the employees.
So as per the law the total no. of PL will be 15 in a calender year.
Regarding the Casual leave, it depends upon the provisions of certified standing order of the company. Generally it can be 7-8 in a calender year.
Regarding the SL, it depends upon the discreation of the management.
attribution https://www.citehr.com/17068-leaves-...#ixzz33peEoEi3
6th June 2014 From India, Mumbai
Dear Aditya,
The Earned leave / privilege leave is rightly quoted by you, it is maximum 15 leaves depending upon absenteeism or leaves enjoyed during the year.
In certain States, the provisions of 14 half casual leaves exists for a calender year.
As far as sick leave is concerned, it is not the discretion of the Company but it is mandatory.
P K Sharma
8th June 2014 From India, Delhi
Dear KGMA
The Privilege leave as quoted by Mr. P.K.Sharma is very much correct. The same shall be applicable under Factory Act, Shops and Est.Act etc. But the provision of CL and SL is depend upon the company either with bargaining capacity through trade unions or voluntary by the employer but it is not mandatory. Most of the employers are providing the CL and SL to their employees. For this either State Government or Central Government enforcement officers will not enter into this if you allow leaves more than the statutory requirement ,
Fixing of probationary period for candidate who is having 25 tears of experience is depends upon your management . However, you can reduce the probationer period as compared to the new recruitment and see your requirement does suits or not. If suits you can confirm either at the end of probationary period or earlier.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)Rtd
Labour Laws Consultant
9th June 2014 From India, Bidar
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