Labour Law & Hr Consultant
6th December 2017 From India, Mumbai
" Probation " in employment parlance is the fixed period of time between the date of joining of a person newly appointed to a post in an organization and the date of confirmation of his employment as per the contract of employment. It is also applicable when there is a change in the cadre of employment in respect of an existing employee in the case of his promotion if so provided for in the service regulations. The length of the period of probation varies according to the nature of responsibilities of the job for which one is appointed, previous experience of the incumbent in the same or similar job, passing of any internal /departmental tests qualifying for confirmation. In short, it is an extension of the process of selection as the suitability of a person to the post he has been appointed as well as his orientation to the work culture of the organization is observed and objectively assessed by the employer.If any deficiency is noticed, the employer may extend the period or simply terminate the employee without assigning any reason as provided for in the contract of employment. Similarly, the employee on probation has also got the option to resign complying with the notice condition any time before his confirmation, if he finds the job/organization not suitable. There is no statutory prescription for the length of the period of probation. It can vary from a period of three months to one year depending on the nature of the job as well as the stipulation in the standing orders or contract of service as the case be.
Coming to your second query, I am at a loss to understand what you do mean by " additional benefits of the organization ". A probationer is also an employee under the Labour laws applicable and as such he is covered by all the Laws relating to wages like Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Social security legislations like EPF Act,ESI Act, EC Act and the establishment-related laws like the Factories Act, State Shops AND Establishment Act applicable to the establishment in respect of service conditions like working hours, leave and holidays. Only in respect of leave, a probationer would be sanctioned leave on pro-rata basis as his confirmation is subject to the successful completion of the period of probation. So would be the case of sanction of loans and advances at the discretion of the employer.
By and large, a probationer is also an employee/workman/person employed for the relevant statutory purpose but he becomes a full-fledged employee of the organization only on his confirmation for the purpose of extra-organizational benefits available to all other regular employees.
6th December 2017 From India, Salem
This may not be sufficient to find if he/she is correct fit in the company.
Probation period is used to judge/assess the employee in working conditions.
Removing a permanent employee is more difficult and if an unfit employee becomes permanent it can create problems.
It is easier to remove employees who are on probation as per offer letter-terms and conditions.
Employee can also easily leave if he/she is not happy with the organisation.
Both ways Probation period has its useful purpose
8th December 2017 From India, Pune
#Anonymouscan employees leave without serving notice period while in their probation?
8th December 2017 From India, Pune
This status allows a company to evaluate closely the progress and skills of the newly hired worker/employee, determine appropriate assignments, and monitor other aspects of the employee such as honesty, reliability, and interactions with co-workers, supervisors or customers.
11th December 2017 From India, Pune
One week back i had joined Felix hospital. Where in offer letter it was mentioned of 6 months probation period. But because of one doctor's rude and unsupportive behaviour during my employment i raised my voice finally to clear the issues which were coming in front of me to learn new work of that new organization (but i never dissrespect them). How can an employee quickly do work without any training!! (HR has told me the reason that i am not doing work quickly) Just because of that that lady approach to hospital CMD to fire me immediatly! However i am really not interested to join that hospital again but that was not a good behavious of an employer to a employee. HR said they will give me 1 week salary.
My Second point, hospital (employees around 400) is not cutting any PF of employees which also very strange! It means they are not follow govt. rules as well. So kindly guide me to handle this issue so that they will not do this again to any new employee in future. Please help.
12th December 2017 From India, Delhi
Thanks & Regards,
Sumit Kumar Saxena
12th December 2017 From India, Ghaziabad