Umakanthan53
Labour Law & Hr Consultant
Ashok Pal
Service
+2 Others

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Anonymous
there is an employee in my organisation whose probation completion delayed by 72 days , what is effect on his seniority?
From India, Ajmer
Seniority is counted after completion of probation period, when employee become regular. if delayed seniority will be given after 72 days.
From India, Indore
" Probation " , in the realm of employment, is the term indicating the time-specific on-the-job assessment process of a newly appointed employee in an organization to evaluate his suitability for his job as well as to the organization. The period of time during which the assessment is made is called as "Probation Period" and the employment status assigned to him is " Probationer".The length of this probation period differs from organization to organization depending upon various factors like the type of the organization, nature of the jobs,service regulations/standing orders etc. In the absence of specific deeming provision in the service regulations, normally upon a declaration in writing by the employer as to the successful completion of the period of probation, the probationer becomes a full member of the service or a confirmed employee of the establishment. Failure, if any in this regard either in terms of performance or inter-personal relationary aspects on the part of the probationer will result in simple termination of his employment as stipulated in the contract of employment. At times, the employer can extend the period of probation so as to give an opportunity to the probationer to improve his performance or to acquire the expected standards of suitability to the organization.
" Seniority " is the objective/merit based sequential order of an employee's initial appointment. From the analysis of probation as above, it automatically follows that the delay in the declaration of probation will certainly affect one's seniority in employment benefits such as increment, promotion etc.

From India, Salem
A Probationer is an employee who is appointed in a permanent vacancy. If during the period of probation, the performance of employee is not satisfactory the employee is removed. But if the performance is considered satisfactory, it is from the date of employment. It cannot be that his performance is satisfactory from the date the probation is over. If probation period is over, then also the date of employment is to be considered. Only when the employee is removed and again employed, then the subsequent date of employment is to be considered for seniority.
Vibhakar Ramtirthakar, 9371001906

From India, Pune
I opine that the Seniority counts basing on the date of joining as rightly mentioned by Mr.Vibhakar but not from the date of completion of Probation, the service means from the date of joining the orgnanization till the last working day.
In other sense ie. wrt to promotion etc., the other factors counts like his performance / failures / behavior / skill etc.,
Thanks
Kameswarao

From India, Hyderabad
I am very sorry to differ from the views expressed by our learned friends M/S Vibhakar and Kamesh. The query in the original post about the impact of belated declaration of probaion on one's seniority is not about the isolated case of appointment of a single employee and the declaration of his probation. On the contrary it presupposes the situation of more than one employee getting appointed at the same time and placed on probation. When more than one person is selected and appointed to the required no of vacancies of same cadre, their seniority is based on their merits and the sequential order in the appointment letter conveys it.( in govt. service the difference in the dates of joining does not alter the original seniority assigned in the appointment orders). For example, out of 5 candidates placed on probation at the same date, if the one with seniority position 2 fails to complete probation successfully and it gets extended say for a further period of 3 months while others with seniority position 1,3,4 and 5 get declared to have successfully completed probation. Just within a month there arises a situation for filling up 3 vacancies in the immediate next higher post by promotion from the feeder category. Of the 4 approved probationers, only the employees with seniority no. 1,3 and 4 will be promoted. Now, further imagine that the employee with seniority no. 2 completes his probation successfully in the extended period and immediately after a month or so, a further vacancy for promotion arises. When the question of merit issues like the ones mentioned by Mr.Rao are to be considered, the junior with the original seniority no.5 would be preferred for 2 by virtue of earlier completion of probation. In Govt service, one would be required to draw his second annual increment onwards only after declaration of probation.In private employment, I suppose that no employer would grant annual increment exactly on the original date due to an employee undergoing extended period of probation. Thus, seniority becomes effective only from the date of confirmation for employment benefits such as increment, posting, promotion.
From India, Salem
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