Legal Concerns About a 1-Year Probation and 3-Month Notice Period – What Are Your Rights?

Dear Sir,

Please let me know if there are any conditions in the law regarding serving a probation period of one year and a notice period of 3 months. Additionally, original documents are to be kept until the probation period is completed.

Regards,

Atul Chaturvedi

916848000

Dear Atul,

The probation period can be 1 year. What do you mean by the notice period of 3 months? Is it during the probation period or after confirmation of service?

Yes, you can have a probation period for one year, but generally, in a probationary period, the notice period is considered to be only one month.

Hi Atul,

The probation period can be 1 year and also varies from organization to organization. Since you are in probation, a 3-month notice will not be applicable. Generally, only a 1-month notice can be served while in probation.

Thank you.

How can anyone allow an employer to retain his/her original documents? One should not join such an organization.

Please check your company's manpower against the minimum manpower defined for the applicability of the standing orders rules in your state. No state rules permit a probation period of one year.

Dear colleague,

In Establishments/Factories coming within the purview of the Standing Orders Act, the probation period prescribed for the 'workmen' category is 3 months. However, the practice prior to this Act was a 6-month probation period, which has continued unchallenged.

For the Non-workmen category (Supervisory/Executives/Managers), the probation period is determined by each organization as deemed fit and typically ranges from 6 to 12 months.

Regards,
Vinayak Nagarkar
HR Consultant