Confused About Probation Period Benefits? Let's Clarify Eligibility and Enrollment!

Probation Period and Employee Benefits

I am a little confused about the probation period issue. When employees are on probation, does the company simply want to assess if the employee is suitable for the job or not? If so, why would the employee not be eligible for other benefits, such as leave (casual, sick, earned) on a prorated basis, and enrollment in the provident fund and ESIC? If an employee is in a six-month or eight-month probation period, will they be enrolled after completing the 6 or 8-month probation period? Is that okay? Also, when should we show his/her joining date in both cases?

Please clarify my issue.

Regards,
Shailendra Kumar Sharma

Probationary Employees and Legal Benefits

Employees who have joined as probationers will come under the purview of beneficial legislations like the ESI Act and EPF & MP Act. If a person works for even one day, they will be covered under the ESI Act if the act itself is applicable to the establishment.

However, appointment on a probationary basis does not give the right to permanent appointment. After the completion of the probationary period, the company must either appoint the employee permanently or reject/terminate them. Dragging the service of an employee under probation for a long period to deprive them of this legal status is considered an unfair labor practice.

For more information, visit www.labourlawhub.com.

Hi,
As per the labour law concern, He should eligible for statutory benefits like PF, ESI, because in the first salary itself he will be contributing for PF and ESI benefits. The leave eligibility again it’s depend on the company policy.
Probationary employee can avail SL with proper documentation to HoD and HR.
Regards,
Avinash Rao

DoJ will be the actual DOJ itself, right from day 1, not after completion of probation.

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