Navigating Probation Policies in India: How Long Should It Be and What If Expectations Aren't Met?

Hello, I would like to seek help for the Probation policy per India law, with a few items below:

How long is the probation period? Is it up to what is agreed in the employment contract?

Should there be a Probationary Review in place? With formal discussion/meeting and notification to pass the probation?

If the associate's performance didn't reach the probationary goal/expectation, can the company end the employment ex parte?

Thank you in advance!

Best Regards,

Regards.

There is no law on the matter; therefore, it is a contract between the employer and employee. However, you can refer to the Model Standing Orders of the state where your office/factory is located. It contains standard regulations of employment between the employer and employee.

Probation Period
In general (but not a rule), probation is usually 3 to 6 months. Whether to have a formal review or leave it to the judgment of managers is also up to the company. At any time during probation (unless the appointment letter says otherwise), the employment can be terminated without compensation or reason. The employer only needs to pay salary and full statutory dues till the last day worked.

Hi Saswata, Thank you for your reply; it's very helpful!

Hi Ashia,

Three Month's Probation Policy

The first three months on the job are a trial period for both employees and the company. This initial period allows the employee to adjust to their position and determine if they enjoy working at the company. Simultaneously, it provides the company an opportunity to observe the employee's progress and evaluate their skills, talents, and aptitude for the company's business.

During the employee's trial period, their supervisor will discuss performance with them and suggest solutions for any difficulties they may encounter. Working in the right job is essential for satisfaction and progress. If the employee is not suited to their current assignment, every effort will be made to determine their aptitude for another type of work. If it is decided that an employee's continued employment with the company is not mutually beneficial, the employment will terminate without severance pay.

Although the employee will not be paid for any absence during their first three months of work, upon successful completion of the trial period, they will become a permanent member.

Hope this helps.

Best regards,
John Chiang

Hi John, I appreciate the detailed explanation. I now have a clearer understanding of this matter. Thank you!

Best regards, Ashia

Hi, The probation period depends on the employer and employee during the signing of the contract or issuing the appointment to the respective company. There is no particular probation law. The probation period may be either 3 months or 6 months, depending on the organization.