Understanding the Probation Period in Employment
"Probation" in employment parlance is the fixed period between the date of joining of a newly appointed person and the date of confirmation of their employment as per the contract. It is also applicable when there is a change in the cadre of employment for an existing employee in the case of promotion, if provided for in the service regulations. The length of the probation period varies according to the nature of the job responsibilities, the previous experience of the incumbent in the same or similar job, and the passing of any internal/departmental tests qualifying for confirmation. In short, it is an extension of the selection process, as the suitability of a person for the post and their orientation to the work culture of the organization are observed and objectively assessed by the employer. If any deficiency is noticed, the employer may extend the period or terminate the employee without assigning any reason, as provided in the contract. Similarly, the employee on probation also has the option to resign, complying with the notice condition, at any time before confirmation, if they find the job or organization unsuitable. There is no statutory prescription for the length of the probation period. It can vary from three months to one year, depending on the nature of the job and the stipulations in the standing orders or contract of service.
Additional Benefits During Probation
Regarding your second query, I am at a loss to understand what you mean by "additional benefits of the organization." A probationer is also an employee under the applicable labor laws and is covered by all laws relating to wages, such as the Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, and social security legislations like the EPF Act, ESI Act, and EC Act. They are also subject to establishment-related laws like the Factories Act and State Shops and Establishment Act, which apply to service conditions like working hours, leave, and holidays. Only in respect of leave, a probationer would be sanctioned leave on a pro-rata basis, as their confirmation is subject to the successful completion of the probation period. The same applies to the sanction of loans and advances at the discretion of the employer.
By and large, a probationer is also an employee/workman/person employed for the relevant statutory purposes, but they become a full-fledged employee of the organization only upon their confirmation for the purpose of extra-organizational benefits available to all other regular employees.