Can a company keep an employee on a probation period for more than 11 months? The date of joining is the 26th of June, and the confirmation is still pending. Is this legal to extend the probation period for almost a year?
The probation period is included in the appointment letter, which is usually 3 months for worker category (as per standing orders) and for others, 6 months by practice. However, for the non-workman category, it could be for 6 months or a year. A period of six months to one year is good enough to assess suitability, and any period longer than this is unfair.
If the Order of Appointment has the phrase "initial period" of probation mentioned, then the employer has the freedom to extend the probation. However, it cannot be done endlessly, and specific benchmark performance criteria should be set for the staff to meet within a stipulated time period. After this period, the employment may need to be either confirmed or appropriately terminated.
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