Anonymous
Hello,

I would like to seek help for the Probation policy per India law, a few items below:
1. How long is the probation period? Is it up to what is agreed in the employment contract?
2. Should there be a Probationary Review in place with formal discussion/meeting and notification for pass the probation?
3. If the associate's performance didn't reach the probationary goal/expectation, the company can end the employment ex parte?

Thank you in advance!
Best Regards,
Ashia

From Canada, Calgary
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
John Chiang
Consultant
Ashia
Hr Specialist

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saswatabanerjee
2319

There is no law on the matter, so therefore, it is a contract between the employer and employee

However, you can refer to Model Standing Orders of the state where your office / factory. It contains standard regulations of employment between employer and employee.

In general (but not a rule), probation is 3 to 6 months
Whether to have a forma review or leave it to the judgement of managers is also up to the company.
At any time during probation (unless appointment letter says otherwise), the employment can be terminated without compensation or reason. Only you need to pay salary and full statutory dues till the last day worked.

From India, Mumbai
Ashia
Hi Saswata, Thank you for your reply, it’s very helpful!
From Canada, Calgary
John Chiang
30

Hi, Ashia,

If the policy is Three Month’s Probation?

The first three months on the job are a trial period for both employees and the Company. This initial period will give the employee a chance to adjust to his/her position and to see whether the employee enjoys working at the Company. At the same time, it gives the Company an opportunity to observe employees' progress and evaluate his/her skills, talents, and aptitude for the Company's business.

During the employee's trial period, his/her supervisor will discuss his/her performance with him/her and will suggest solutions for any difficulty employee may be encountering. Because working in the right job is essential to satisfaction and progress. If the employee is not suited to the employee's present assignment, every effort will be made to determine his/her aptitude for another type of work. If it is decided that an employee's continued employment with the Company is not mutually beneficial – to the employee and the Company - the employee's employment will terminate without severance pay.

Although the employee won't be paid for any absence during his/her first three months of work, upon successful completion of his/her trial period, the employee will become a permanent member.

Hope this helps.

Best regards,
John Chiang

From China, Shanghai
Ashia
Hi John, Appreciated for the detailed explanation. Get more clear on this matter, thanks! Br Ashia
From Canada, Calgary
avinashsugathan
Hi,
Probation period depends up on the employer and employee during signing of contract or issuing appointment to the respective company. Also there is no particular probation law.
Also the probation may be either 3 months or 6 months depends on the organization.

From India, Hyderabad

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