How Long Can We Legally Extend an Employee's Probation Period? Seeking Advice!

Dear All,

Hi! Please let me know the maximum duration for which we can extend an employee's probation period.

Thanks,
With regards,
Bindu

I believe the minimum probation period is 3 months. The employer may extend it once for another three months with a valid reason. However, in case the employer is extending it for petty reasons, then it won't stand good in the court of law (just in case you continue to keep the employee on probation for long without reasoning and reporting).

Dear Bindu,

I agree with Mr. Kumar that 240 working days in a year is the maximum period for a probation period. Generally, organisations appoint an employee for six months, which can be extended by 3 months and further extended for another 3 months if the performance level is not achieved as per organisational policies.

Best Regards,
Sajid Asnari
Delhi

Probation is something company-specific. You can consult with your legal advisor to devise a probation plan for all candidates joining your company. They can be placed on an extended probation. Again, the extended probation period can be determined with the help of a legal consultant.

Dear Bindu,

Let me understand the following:

1. The probation period is fixed by Standing Orders for workmen.
2. The probation period is fixed by the Company through the Appointment letter.

Could you please specify for which cadre you want to do this? Please explain the above two points, and then I will be able to provide an answer.

Himanshu
himanshupathak@torrentpower.com
9227233315