Probation Period and Employee Benefits
I am a little confused about the probation period issue. When employees are on probation, does the company simply want to assess if the employee is suitable for the job or not? If so, why would the employee not be eligible for other benefits, such as leave (casual, sick, earned) on a prorated basis, and enrollment in the provident fund and ESIC? If an employee is in a six-month or eight-month probation period, will they be enrolled after completing the 6 or 8-month probation period? Is that okay? Also, when should we show his/her joining date in both cases?
Please clarify my issue.
Regards,
Shailendra Kumar Sharma
From India, Lucknow
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I am a little confused about the probation period issue. When employees are on probation, does the company simply want to assess if the employee is suitable for the job or not? If so, why would the employee not be eligible for other benefits, such as leave (casual, sick, earned) on a prorated basis, and enrollment in the provident fund and ESIC? If an employee is in a six-month or eight-month probation period, will they be enrolled after completing the 6 or 8-month probation period? Is that okay? Also, when should we show his/her joining date in both cases?
Please clarify my issue.
Regards,
Shailendra Kumar Sharma
From India, Lucknow
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Probationary Employees and Legal Benefits
Employees who have joined as probationers will come under the purview of beneficial legislations like the ESI Act and EPF & MP Act. If a person works for even one day, they will be covered under the ESI Act if the act itself is applicable to the establishment.
However, appointment on a probationary basis does not give the right to permanent appointment. After the completion of the probationary period, the company must either appoint the employee permanently or reject/terminate them. Dragging the service of an employee under probation for a long period to deprive them of this legal status is considered an unfair labor practice.
For more information, visit www.labourlawhub.com.
From India, Kolkata
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247Employees who have joined as probationers will come under the purview of beneficial legislations like the ESI Act and EPF & MP Act. If a person works for even one day, they will be covered under the ESI Act if the act itself is applicable to the establishment.
However, appointment on a probationary basis does not give the right to permanent appointment. After the completion of the probationary period, the company must either appoint the employee permanently or reject/terminate them. Dragging the service of an employee under probation for a long period to deprive them of this legal status is considered an unfair labor practice.
For more information, visit www.labourlawhub.com.
From India, Kolkata
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Hi,
As per the labour law concern, He should eligible for statutory benefits like PF, ESI, because in the first salary itself he will be contributing for PF and ESI benefits. The leave eligibility again it’s depend on the company policy.
Probationary employee can avail SL with proper documentation to HoD and HR.
Regards,
Avinash Rao
From India , Bangalore
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As per the labour law concern, He should eligible for statutory benefits like PF, ESI, because in the first salary itself he will be contributing for PF and ESI benefits. The leave eligibility again it’s depend on the company policy.
Probationary employee can avail SL with proper documentation to HoD and HR.
Regards,
Avinash Rao
From India , Bangalore
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DoJ will be the actual DOJ itself, right from day 1, not after completion of probation.
Disclaimer: This network and the advice provided in good faith by our members only facilitate as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences under any circumstances.
From India, Bangalore
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Disclaimer: This network and the advice provided in good faith by our members only facilitate as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences under any circumstances.
From India, Bangalore
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