Is a 3-Month Probation and Submitting Original Degree Certificates Legal in Job Offers?

Dear Mr -----------, this is in reference to your application and subsequent interview held at our office on ----. We are pleased to offer you employment in our organization as ------------.

Your gross salary per month will be INR -------/- per month (Rupees ----- only). This is considered as cost to company and includes salary, excluding Performance Link Bonus and other benefits. Your performance and compensation will be reviewed periodically.

As discussed, you can confirm the joining date upon receipt of this mail, and you shall report to our Head Office @ ---------- on the confirmed date.

Your employment is subject to a three-month probation period. This period allows you and our company to determine if the position is suitable for you. If the company decides to discontinue employment within this probationary period, you will be entitled to reasonable notice as outlined in our discussion.

Further, you shall receive a detailed appointment letter after the completion of the probation period, which will include all terms and conditions of your employment with a detailed salary breakup.

We request you to bring the following documents/credentials at the time of joining and submit these documents to the HR Department on the day you join our organization:

- Photocopy of all your academic qualification documents (Degree or Certificates, etc.)
- Relieving letter from your previous employer
- Copy of Salary Certificate/Last three months' salary slip
- Experience Certificate from previous employments
- Proof of Address (Voter ID, Aadhar)
- PAN card
- Original degree certificate

Probation Order Copy

The probation order copy is given above.

Questions

Question 1: Is the 3-month probation period valid or not?

Question 2: Is asking for the original degree certificate to submit to the company legal or not?

Question 3: Is it correct that the job description was not given?

In response to your questions:

1) According to the company's policy, if 3 months is the probation period, then it is valid.

2) There is no law stating that employers can retain original degree certificates of employees. Please follow up with your HR and see if you can submit self-attested xerox copies of your certificates.

3) Generally, every company will send you the job description before scheduling an interview. Since you have already received an offer, you can contact the company to provide you with the day-to-day responsibilities of your role.

Tap the "+" sign for more helpful answers like these.

Regards, Sairam Bandi

[Email Removed For Privacy Reasons]

Dear official,

In the law, there is nothing called probation; it is all part of the MNC culture that has been brought in from day one. You are a confirmed employee of the company. No company can retain your original documents; doing so is a form of forced labor practice and a criminal offense.

While some companies may not provide JDs (Job Descriptions) upfront, you can always approach HR or your reporting authority for clarification.

Thank you.

Probation Period

1. A probation period of 3 months is acceptable. There is no law specifying the duration of a probation period; it is determined by the employer's HR policy. The job description (JD), training, and on-the-job induction are key factors.

Retention of Original Certificates

2. Asking candidates to produce original certificates and retaining them for verification is acceptable. However, retention should not be prolonged or indefinite. Certificates should be returned to the individual within at least a month of joining.

Job Description Clarity

3. There is no mention of the job description (JD) in the offer format. For clarity, the JD, especially the duties and responsibilities of each employee, should be provided. Explaining during the interview or discussion can lead to ambiguity.