Is a Probation Period Over Three Months Legal? Seeking Guidance from Experienced Professionals

Dear Seniors, Greetings for the day. Is a probation period of more than three months illegal? Here, I am waiting for your valuable reply.

Thanks, Sanghamitra

Probation periods lasting more than 3 months are not illegal. Firstly, it should be considered whether they are legal or illegal.

Defining the Probation Period

The probation period is defined based on the following parameters:

- Varies from one organization to another
- Typically lasts a minimum of 3 months and a maximum of 1 year
- Duration of probation also varies based on the position level within the organization. For example, an executive may have a 3-month probation, while an Assistant Manager/Manager could have a 6-month probation, and a Senior Manager or above may have a 1-year probation. This all depends on the organizational structure and policies in place.

Please feel free to reach out for any further queries or details you may need.

Regards,
Jeevan

Mr. Jeevan has provided all the basics of probation. Almost 37 years ago, I remember starting my career as a Probationary Engineer. It was with a well-known public sector company, and the probation period at that time was two years. Nowadays, probation periods are not as long.

One aspect I would like to add is the possibility of probation being extended. For instance, if an employee is on probation for six months and at the end of that period, their performance is not up to the required standard, there is a chance that their probation may be extended for a few more months. In some worst-case scenarios, an employee may not receive confirmation at all. Most companies have appropriate confirmation policies in place.

Best regards,
V. Raghunathan
Navi Mumbai

Thank you for your response. Currently, I am working as an HR cum Admin Executive in a software company, and my probation period is for one year. I have signed a bond with this company for one year, inclusive of the probation period. However, now I want to leave this organization due to some personal issues. What type of complications will I face if I leave the job before the bond period ends?

Thanks,
Sanghamitra

Hi Sanghamitra,

As you mentioned, you've signed a bond for 1 year, inclusive of your probation. This indicates that the bond is valid until 1 year from your date of joining. How long have you been with this company now? If you wish to break the bond and pursue other opportunities:

1. Review the bond breakage clause to understand the liability on your side if you break the bond. Typically, it involves payment of a lump sum amount that the employer invested in your training.
2. Familiarize yourself with the termination policy of your company and act in accordance with it.
3. Have a discussion with your senior about your issues and explore if your concerns qualify as genuine and if any accommodations can be made.

Wishing you all the best  Hope this information proves helpful.

The probation period is entirely dependent on the employer's policy. According to the Maharashtra Government (specifically for the Government in the Higher & Technical Education Ministry), the probation period is set at 2 years.

Regards,
Ramakant

Probation Periods and Company Policy

Probation periods depend on the company's policy, and nothing is illegal in that regard. The extension of the probation period is also a company decision. 

Chill HR!

The probation period is generally kept by a company with the basic purpose of assessing your activities, performances, and potential to cope and deliver the goods as per their requirements. The reasonable period for assessment is 6 months, which can be further extended by another 3 to 6 months. A 3-month period is too short to judge and assess an employee since it takes a minimum of two months or so to get along.

Regarding your departure from the organization, if the probation period is 1 year, then you may not have to pay back any notice pay. This can be verified from the terms and conditions of your letter. In the eventuality that you leave, you are entitled to receive any unpaid dues in the form of a settlement.

Regards,
bkmohanty
Advisor and Sr. Consultant
[Phone Number Removed For Privacy Reasons]

Hi, it depends on the organization. Generally, probation periods range from 6 months to 1 year. There is nothing illegal about this.