Labour Law & Hr Consultant
+1 Other

Can company keep employee on probation period more than 11 months. DOJ is 26th June. still not confirm. is it legal. almost year.
22nd June 2018 From India, Mumbai
Period of probation is predetermined and fixed in the contract of employment.
If the employer finds the probationar not suitable he can either terminate his services or extend the probation period further before the end of the probation period thus determined; otherwise,the employer has to declare formally in writing that the probationer has successfully completed the probationary period and confirm him. But, he can not simply keep on the employee indefinitely as probationar as long as he desires.
23rd June 2018 From India, Salem
If it is explicitly mentioned in the contract of employment that the "initial period of probation of ….months can be extended one more time, if the performance of the staff is found unsatisfactory as against the expected. In such a situation, benchmark performance criterion may have to be fixed, the compliance of which will entitle confirmation and otherwise the services of the staff may have to be terminated. However endless extension is impossible, as observed by our senior member.
Request the input of the honourable senior members.
25th June 2018 From India, Chennai
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