navya-shetty
An experienced candidate joins the private sector with 6 months of probation period with no EL,CL, FH/NH, sick leave during his/her probation period. Whether an employee has a right to file a case under labor law? or what are the leaves an employee can avail during his/her probation period?
From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Vaishalee Parkhi
Hr Consultant & Trainer

umakanthan53
5959

Dear Navya,

Paid employment is basically a contract and as such its essential principles are governed by the provisions of the Indian Contract Act,1872. However, the contracts of employment in respect of ' workman ' cadre employees should conform to the labor standards prescribed in every labor law applicable to the establishment and to such employees concerned as well. In the event of any deviation from such statutory conditions, the Labor Courts and Tribunals constituted under the Industrial Disputes Act,1947 are empowered to interfere and modify the terms of the contract or impose a new contract upon a reference by way of an industrial dispute. Therefore, it is important to mention the factual position as to the cadre of the employee whenever you raise a question like this.

Coming to your query now, Leave benefits include various kinds of leave such as Casual Leave, Sick Leave, Earned or Privilege Leave, Maternity Leave etc., and their maximum limits, method of their calculation etc.
If the probationer is a workman cadre employee, he is entitled to all the leave benefits under the establishment-specific labor law applicable or the service conditions prescribed under the Standing Orders. In case of denial by the employer, he should raise a dispute u/s 2(k) of the ID Act,1947 through the trade union in which he is a member or lodge a complaint with the enforcement officer as the case be. If he belongs to managerial cadre, he can institute a Civil Suit against his employer if the leave benefits mentioned in the contract of employment are denied because of his probationary status.
But one should think before resorting to such legal remedy for it can be at the cost of his employment if the employer happens to be unscrupulous.

From India, Salem
Vaishalee Parkhi
173

Dear Navya,

Usually companies don't offer any leave benefit till probation period gets complete. Nevertheless, I see this mindset is changing slowly. Companies now offer certain Casual leaves/ Sick leaves on Probation period. That depends on your company policy. However, this could be ascertained from your Letter of Appointment what they describe the leave terms for probationers. So check your Appointment letter OR Leave Policy.

Although no leave on Probation, EL gets counted from Joining day which gets credited to employees' after 240 days of working.

Besides, every employee is eligible for Paid Holidays whether on probation or not.

Many companies offer Short leaves every month to enable employees meet their personal / emergency situations.

Best way is to check your Policy terms.

From India, Pune
rkn61
584

Even though an employee is on probation, FH & NH could be allowed, as these holidays are observed by the company. As a general practice - which is seen now-a-days - one day leave is allowed to employees who are on probation. All other leaves - EL/PL, SL, CL etc... can be allowed to an employee, after he is confirmed in the service.

As rightly pointed out by our member, Eligibility for EL/PL shall be ascertained from his date of joining as a probationer.

On the legal front, matter has already been explained to you by our very senior member

From India, Aizawl
dr-anil-duboliya
i am in probation period i have completed more than 5 month i want to leave the institute. Please suggest me
From India, Gwalior
Anonymous
i am in probation period i have completed more than 5 month i want to leave the institute. Please suggest me
From India, Gwalior
rkn61
584

Are you working in a company / hospital? If you can reproduce the separation clause mentioned in the OFFER OF APPOINTMENT issued to you, an appropriate advice could be shared.
From India, Aizawl

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