Navigating Notice Periods and Leave Eligibility After Probation: What Are Your Rights?

Hi Seniors, In a company (in Bangalore), the probation period is for 6 months, during which the notice period is 15 days from either side. On completion of the said period, the notice period is two months, from either side. No CL or paid leave is permitted during the probation period. LTA is part of CTC and is paid on completion of eleven months and thereafter every 12 months subsequently. Even after one year, the probation is not formally confirmed or extended either.

Notice Period and Leave Eligibility

In such a case:
(a) What will be the notice period applicable?
(b) What about the eligibility of earned leave, since the employee has already completed more than 365 days in the company, less 10 or 12 loss of pay leave availed? Is the employee eligible to claim encashment of EL and LTA on settlement? Please advise.

Regards,
Raj

Normally, the probation period clause in the appointment letter of any organization contains an auto-extension of the probation period. So, if the services are not confirmed after the specified period, it can be deemed extended for the mentioned period or the next 6 months. In such an event, all the terms and conditions of probation remain applicable until the services are confirmed in writing.

Additionally, encashment of earned leave (EL) and Leave Travel Allowance (LTA) upon settlement will be applicable as per the terms of the appointment letter.

I hope this information will be helpful for you.

Regards

Confirmation After Probation Period

In my experience, many organizations don't provide written confirmation after the probation period. If they do not confirm in writing, it may be interpreted as you being confirmed. Typically, companies issue written notices for extending the probation period.

Regards,
Pon

I also second Pon. If no written document is available for the extension of probation, then after the expiry of the probation, the employee is deemed to be confirmed. Therefore, all the leaves/LTA as mentioned in the Appointment Letter are applicable and can be availed/encashed as per the terms mentioned in the Appointment Letter/Employee Handbook/Policy.

I completely agree with the views of Mr. Pon and Mr. Saji. However, it depends on the probation clause. I will request Mr. Raj to please share the probation clause as mentioned in the appointment letter. It is much better to review this before coming to any conclusions.