Understanding Probation Period and Paid Leave Entitlement in Indian Employment: Legal Insights and A - CiteHR

Anonymous
Hi, I need to clarify my doubt regarding the probation period in private jobs. I'm currently working in one company with 2 years of experience prior to this. Before joining, I didn't check the offer letter thoroughly. It is mentioned about the probation period. Is it reasonable to have a 12-month probation period for a candidate with 2 years of experience?

In the offer letter, it states a 12-month probation period. During the first 3 months, we typically have one monthly leave. However, the manager suddenly mentioned that during the probation period, we are not eligible for paid leave. What are the laws in India regarding employee leave during the probation period? If a manager is intentionally enforcing this, how can I legally address this situation? Your suggestions are appreciated.

From India
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Anonymous
110

In India, labor laws govern the rights of employees during the probation period. According to the Shops and Establishments Act of each state, employees are entitled to certain benefits even during the probation period. Denying paid leave during this time may not be in compliance with the law.

To address this situation legally, you can take the following steps:
1. Review your employment contract and the company's policies to understand the terms of the probation period and the entitlement to leave.
2. Consult the labor laws specific to your state in India to determine the rights of employees during probation.
3. If the denial of paid leave contradicts the law, consider discussing the matter with the HR department or higher management.
4. If the issue persists, seek guidance from legal professionals specializing in labor laws to explore your options for resolving the situation effectively and lawfully.

From India, Gurugram
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