Is It Legal for IT Companies to Deny Paid Leave During Probation? Let's Discuss!

Hi,

I have recently joined a company as an HR professional. I am currently in a probationary period for one year at an IT services company. This company does not provide any paid leave apart from Sundays and public holidays. Additionally, we are required to work on Saturdays despite being an IT company.

Is it legal and in accordance with the rules for employees in the probationary period to have no paid leave?

Hi Bhandhavi,

Generally, a company hires and keeps employees on probation for a few months to analyze their interests, skills, and worth. At the end of the probation period, you will be allowed to take leave with pay as stated in the company's appointment letter. Typically, this probation period may last for around 6 months or as per the company's hiring policy.

Kenady

Hi Kenady,

I am asking, is it legal to have employees without giving paid leave during a probation period of 1 year?

Hi Bhandhavi,

Yes, it is legal because you are not yet a permanent employee of that company. During the probation period, you are under supervision, and after its completion, the company may or may not retain you as their employee. Therefore, in the context above, you are not yet a permanent employee and do not have all the rights of a permanent employee.

I hope this helps! Let me know if you have any other questions.

Dear,

Please review your State Shops & Commercial Establishments Act regarding the granting and accumulation of different types of leaves.

R.N.Khola

Please refer to the company's leave policy, i.e., in the probation period, the employees are eligible for Casual/Sick Leave.

An employee who completes 240 days in a year is entitled to 1 paid day off for every 20 working days.

Nishi

Dear Bhandavi,

What are you going to achieve by determining whether it is legal or not? Are you planning to confront the management? No way. They will simply dismiss it by stating that it's company policy and they have the right to terminate new recruits during probation without prior notice if they are dissatisfied with their job performance or attitude. So, think carefully before taking any action.

First and foremost, you should have clarified everything before joining. The probation period is when your department monitors the quality of your work to ensure they have made the right hire, or it could be a time designated for new employees to learn about the product, their responsibilities, the company, and the work environment. Therefore, they typically avoid granting leave to new employees.

However, in case of emergencies such as illness (excluding fever, stomach pain, headaches, etc.), the death of a relative/friend, or an accident, you can request leave without loss of pay, and hopefully, they won't have any issues accommodating your request.

Good luck to you.

Hi all,

Thank you for all the comments. As an HR professional, I often get asked about leave policies by employees. I want to be able to respond with a valid reason without coming across as rude, as that's how my boss or other superiors might respond to me.

I want to know the proper TDS deduction. Suppose one person is joining a company in the middle of the month, so should TDS be deducted or not? And if he gets two increments within a financial year, then in that condition, what should we do? What is the criteria for deducting TDS? Suppose in our company, a performance-based bonus is provided, should we add the bonus amount to the annual income, or should it be separate? How do we add LIC policy or rent to deductions? Please let me know the answers.