Understanding Probation Periods: What Are the Minimum and Maximum Durations According to Labor Law?

Hi Senior,

Can you please tell me what the minimum and maximum period of probation is? Also, could you clarify which labor law governs the details of the probation period?

Nandini

Nandini,

The probation period normally varies between 3 to 6 months. The preferred evaluation period is 6 months.

Suja

Hi Nandini,

Yes, as Suja said, the maximum period will be 3 to 6 months. In the case of a Management Trainee, it may extend up to 1 year as well.

Regards,
Harshad

Hi Nandani,

The notice period is as per the company policy and has no connection with labor law.

Regards,
Harshad

According to labor law and the Book of Standing Orders, the probation period cannot be more than 3 months. We adhere to the 3-month limit and do not exceed it.

In the government of India, the probation period is 2 years. In central public sector undertakings, it is normally one year, while companies in the private sector have their own rules, mostly six months.

Hi,

A probationary period is a term during which an employee acquires the adequate skills to perform the job. Normally, it is company policy to keep the period for 3 to 6 months, though some companies may extend it to one year. There is no specific law dictating this period.

In some companies, if an employee's performance is not satisfactory, the probationary period may be extended for additional months.

Regards,
R. Devarajan

Dear Nandani,

In private companies, the notice period is generally for 6 months. If an employee does not perform well, we can extend their probation period after providing them with an extension letter.

Regards,
Pooja

Hi,

It is not the probation period that is countable like 3 months, 6 months, and even 12 months. It is only the speed and accuracy of the candidate in learning things faster and adopting the workings of the desired role.

Bhanu, Patna

Hi Nandhini,

It is the company policy to fix the period of probation. Normally, it could be one year for junior-level employees and 6 months to 3 months for senior staff. As far as the labor law is concerned, you may refer to the Factories Act for the definition of probation.

Regards,
R. Devarajan

The period of probation can be decided depending on the nature of work. It may vary from three months to 2 years.

There is no labor law restricting the period not exceeding three months. Model standing orders are drafted in accordance with the Industrial Employment (Standing Orders) Act 1946. If anyone has information about the legislation restricting the probation for a period not exceeding three months, please share the information with all.

Probation period is for testing the ability of the employee to perform the job for which he is recruited. Even though a scientific selection process is followed, some employees may not be suitable for the job. That is not their inefficiency or lack of skills. Matching the job with the person is the problem. This can be overcome by training to a great extent.

The probation period can be extended at the discretion of the management, but the reasons for extension - expected performance, actual performance, and deficiency - must be informed to the employee so that he can improve his performance and attain the expected level of performance.

KCS Kutty, Chennai

Dear Pooja,

If you have a format for the event of an extension of the probationary period, kindly forward a copy.

Regards,
Praveena S