Madhu.T.K
Industrial Relations And Labour Laws
Jeevarathnam
Sr. Manager Hr/admin
Nagarkar Vinayak L
Hr And Employee Relations Consultant
+2 Others

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Dear All, I am working in one of the manufacturing companies. Please let me know if we can keep the probation period for all employees(Staff & workers) as 1year.
Is probation period of 1 year for factory employees in accordance with the labour laws in India?
Regards,
Swati

From China
Yes you can plan probation period for 1 year from the date of joining.
From India, Bangalore
Dear Friend
It is depend upon your company certified standing order or company policy. If nothing is there kindly frame company policy. Anyhow you have have one year as probation period
Regards
HR Alphonse
Pondy


If you are governed by the Standing Orders Act {check} , it provides for 3 months' probation period. General industry standard is 6 months' probation. One year probation is risky as legally after 240 days' of continuous work, one can stake claim for permanency.
Regards
V.L.Nagarkar
HR-CONSULTANT

From India, Mumbai
First you may insert a clause in appointment letter for six months probation and it may be extend for another three months it means total maximum probation period is for 9 months. You may follow model standing of of the state concerned.
From India, Valsad
No. As per the latest Judgment of The Bombay High Court, if the provisions of The Industrial Employment Standing Orders Act are applicable, the period of probation cannot exceed the period as mentioned in the Standing Orders, that is 3 months.
From India, undefined
You can have probation period of 12 months. The Standing Order Act does not speak about probation as it is but the Model Standing Order which has relevance only for 6 months provides for 3 months probation. When a company has a certified standing orders which has provided for 12 months probation, the same cannot be questioned.
There is no law which says that a probationer who has worked for 12 months should be confirmed. Only thing is that a probationer who has worked for 240 days requires notice as per Industrial Disputes Act when he is asked to go. Other wise, there is no risk associated with keeping the probation at 12 months. If he is not performing ask him to go without following the procedures required for terminating a confirmed worker.
Madhu.T.K

From India, Kannur
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