How Long Can Probation and Trainee Periods Last? Seeking Legal References and Insights

Dear Colleagues, Please tell me what would be the maximum time period of probation and trainee (management/commercial). Also, give me the reference of the laws applicable to this. Reply would be appreciated. Regards

Understanding Probation Periods

There is no law applicable to the probation period, but the period of probation is fixed according to the company policy, considering the time required for the employee to make themselves fit to perform the job independently. It may be six months, one year, or even two years, and the period of probation may vary from person to person depending on the employee's past experience. The same applies to management trainees.

The only thing to note is that probation or training should not be a method adopted by the organization to deprive employees of their rights such as ESI/EPF, Gratuity, etc.

Regards,
Madhu.T.K

In addition to what Madhu said, please check the standing orders applicable to your company (model or certified standing orders). Generally, the standing orders will provide details on how trainees are to be appointed and the terms under which they will work. Similarly, there will also be details on how probation is to be initiated, closed, etc.

In general, it is a good idea to follow the norms even if you are not covered by the standing orders.

There is no law governing the period of probation for employees or the training/probation of trainees (whether management or commercial). These policies are drawn by the management, taking into consideration its requirements. Of course, the probation period in different organizations varies from any term from 3 months to 1 year. Likewise, the training period for management/commercial trainees also varies from 1 to 2 years. Some organizations combine the probation period with the training period, while others keep both of them separate. However, for workmen covered under the provisions of Certified Standing Orders, the same will apply.

Thanks and regards,
S.K. Johri