Navigating Probation Periods: Legalities, Extensions, and Employee Expectations

Dear experts,

Queries regarding the probation period

1. Is it legal to extend the probationary period of an employee?

2. Can we add a clause regarding the extension of the probationary period in the appointment letter?

3. Can an employee be terminated during the probation period?

4. Is the termination process during the probation period the same as the regular process of termination?

5. Can an employee be terminated during the probation period on the grounds of misconduct or non-performance?

6. Is the employer liable to pay the salary of the days worked for an absconded employee during the probation period?

7. If an employee wants to leave the company, is it mandatory to provide a resignation letter?

8. Is the notice period applicable during the probation period? If yes, how long is the notice period?

9. What is the general rule regarding the period of probation?

10. What is expected from an employee during the probation period, like their daily duties?

Regards

Clarity on the Following Queries Regarding Probation:

1. Is it legal to extend the probationary period of an employee?
Yes, but without arbitrariness.

2. Can we add a clause regarding the extension of the probationary period in the appointment letter?
Yes, in simple and easy-to-understand language understood by probationers.

3. Can an employee be terminated during the probation period?
Yes, during required probationary periods on promotion, etc., for the so-promoted employee.

4. Is the termination process during the probation period the same as the regular process of termination?
Yes, probationers are conditionally employed against standard force positions (SF or ESF positions).

5. Can an employee be terminated during the probation period on the grounds of misconduct or non-performance?
Yes, established in inquiry, acts of misconduct and non-performance also amount to acts of misconduct.

6. Is the employer liable to pay the salary of the days worked for an absconded employee during the probation period?
Yes, for the period worked per records.

7. If an employee wants to leave the company, is it mandatory to provide a resignation letter?
Yes.

8. Is the notice period applicable during the probation period? If yes, how long is the notice period?
Not really for first-time probationers. In cases of subsequent probationary periods, the prescribed notice period is to be followed.

9. What is the general rule regarding the period of probation?
6 months for probationers in worker cadres whereas 12 months for supervisory, managerial, or office staff cadres as per past precedence and/or framed rules.

10. What is expected from an employee during the probation period like his daily duties?
As mentioned in writing in employment orders.

Kritarth Consultants and Management Caretakers, Bengaluru Service Delivery Centre 21.4.2020