Is a Probation Period Essential for Experienced Hires, or Does It Hinder Their Performance?

Dear Seniors, Is a probation period really needed to confirm the employment of experienced personnel? If so, how much are we obliged to mention the same in the Appointment Letter? Wouldn't it be useful if we, as HR personnel, let them feel their firm employment from the very first day? This way, they can give their 100% not out of fear of losing the job but out of the aspiration of getting recognized.

Warm regards,
Manish Gupta
Lucknow

Any employee, irrespective of their level of experience, may require some time to adjust to a new organization. Therefore, it is advisable to place the employee under probation for 30-45 days.

My question is whether we are legally obliged to mention the time span of the probation period in the appointment letter. Can't we just include a clause stating that everyone must serve the notice period, irrespective of probation status? I am advocating for the elimination of probation, especially in cases where an employee intends to leave the organization.

Regards,
Manish

My dear Manish, your initial question seems to be very logical and reasonable. As such, it's a right question. All questions are right, but the answers may go wrong because it is imperative that the questions alone should not be answered, but the questioner too.

After reading the answer of "Consult me," I am very sorry you've posed a wrong follow-up question. The answer was not that prescribing a period of probation, even for an experienced hand, is a must in every perspective. The period of probation he suggested is not with reference to the incumbent's assignment but solely to that of the people and the work culture of the organization - that's all. Then, why do you become so legalistic? Law cannot solve all problems. Problems are self-perpetuating, and therefore all laws are in a flux. What the law sets down are minimum standards with reference to the mischiefs it aims at rectifying. No law prescribes that there should be a period of probation or an age of superannuation!

My organization has a 6-month probation period. I joined the organization with 7 years of IT experience. Only after joining did I come to know about this 6-month probation, and I was quite upset by it. The bottom line is that any such restrictive clause must be shared with the employee before they join the organization. It's better if a new entrant doesn't show up after this information is shared, rather than them leaving the organization after 1-2 months of joining.

During my 6-month probation, the organization had the right to terminate me with one day's notice and vice versa. I was not entitled to any paid leave but was generously given 3 days of sick leave to be utilized within the 6 months.

Probation Period Duration

I am okay with a probation period of 30 to 45 days because it's enough time to assess if any mistakes have occurred. If a company needs 3-6 months to confirm that their recruitment decision is correct, then they have to acknowledge that they have serious flaws in their ability to select the right candidate.

Impact on the Organization

This is a double-edged sword that can harm a company significantly. We had deployed a few experienced people at a customer's site within a few months of joining. One employee, after completing all the training, decided to quit with only one day's notice, and we had a tough time arranging for an alternative.

Probation periods are primarily used with entry-level resources, and mid-top level individuals do not appreciate them much.

Legally speaking, there is no rule, and it is at your discretion to decide. However, your concerns and reasons are valid and have their own implications. In my opinion, no matter how senior the employee is, there is some chance of adjustment to the work culture and other issues that may determine their continuance in your company. In any case, I have seen senior employees either leave in 3 to 6 months if they want to leave or stay for good.

Regards,

There is no hard and fast rule in this regard. It depends upon the HR policy of the concerned company and varies from concern to concern. However, normally all companies keep a new employee, irrespective of their qualification and experience, on probation for some period to ascertain their suitability. The period of probation should be specifically stated in the terms of engagement.

Considering the Absence of a Probation Period

What if we do not state "probation period" in writing and assign everyone the same notice period from the day of incorporation of his/her duties, irrespective of the time required to adjust to the work culture or to evaluate the efficiency of an employee?

Regards,
Manish

Importance of Including a Probationary Clause

If you do not include a clause regarding the probationary period in your engagement letter, then you cannot terminate the employee without holding a proper departmental inquiry. Thus, you will be compelled to retain him even if you are dissatisfied with his performance. Therefore, it is in your own interest to include the above clause.

In the case of probation, you need not regularize him after the completion of his probation, and the contract will come to an end if so specifically stated in the appointment letter.

Regards,