Transitioning from Intern to Employee: Do Probation Rules and Leave Policies Apply?

I have one doubt. If any candidate is hired for an internship for a particular duration, and after the completion of that duration, the company decides to hire that candidate as an employee on the company payroll, does the candidate have to follow the same procedures of a probation period? Are leaves not allowed during the probation period? Please clear my doubt.

As soon as an employed person qualifies to be an employee/workman/person employed as per the establishment-specific labor law applicable to their establishment, they are entitled to the benefits of the leave provisions of that law irrespective of their employment status, such as probationer, confirmed, fixed-term contract employee, and the like. Only leave like EL may extend the period of probation if availed by them, but it cannot be denied. However, normally, the length of accrual of EL would always be longer than the period of probation.

The company has excluded your period of internship for any benefit. Thereafter, it has appointed you on probation, yet leave facility is not allowed to you. The internship is a fixed-term appointment and hence the benefits during this period are defined by the contract of the internship. Thereafter, in denying you EL, there is a violation of the Factories Act or Shop & Establishment Act as the case may be as you have already completed the eligibility period for it.

Dear Priyanka ji, what do you mean by internship? What is the duration of the internship? The above questions are asked by me since you promise the interns employment on completion of the internship.

Understanding Internship

Internship is a part of the academic curriculum and stands on a footing different from trainees appointed under standing orders or apprentices appointed under the Apprentices Act. Therefore, there is no employee-employer relationship between you and the interns.

Employee-Employer Relationship

But from your query, what I gather is that the internship you offer is not a part of the academic curriculum, and therefore, there exists an employee-employer relationship between you and the interns.

Compliance with Employment Laws

Under the circumstances, you need to follow all applicable employment/labour laws from the beginning of the internship. Employment of any person is subject to the Standing Orders Act or your policy if the Standing Orders Act is not applicable to you.

Dear Priyanka, you need to understand that training and employment are two different aspects. A person under internship/training is a trainee, and a person engaged in a job is an employee.

It all depends on the employer if they consider the employment period from the date of internship or otherwise on the date the individual is confirmed for employment.

No one is eligible for any sort of leave while on probation, training, or internship. There is no specific rule, but establishments make provisions in their Standing Orders. The terms adopted in the Standing Orders are the rules to follow. I hope this clarifies your doubts.

Dear Prabhat ji, with due respect to you, I would like to differ with you on your statement that no one is eligible for any sort of leave while on probation, training, or internship.

Internship is not employment

As I said in my earlier post, any kind of leave for interns depends entirely on the arrangement between the interns, the college or institute they are attending, and the company.

Regarding probationers or trainees

They are employees of the company and are governed by regulations such as the FA, S&E Act, or service rules and policies formulated by the company in accordance with the law. An employee starts earning privilege leave from day one of employment but is generally allowed to avail it in the following year as per company rules and regulations. Even casual leave is credited to the employee's account from the first day of employment onwards. To my knowledge, no law states that an employee is ineligible for any kind of leave during the probation or trainee period.

Thank you.