Can Employees on Probation File a Case for Leave Rights Under Labor Law?

An experienced candidate joins the private sector with a 6-month probation period with no EL, CL, FH/NH, or sick leave during their probation period. Does an employee have the right to file a case under labor law? What leaves can an employee avail of during their probation period?

Dear Navya,

Employment Contracts and Labor Laws

Paid employment is essentially a contract, and as such, its essential principles are governed by the provisions of the Indian Contract Act, 1872. However, the contracts of employment for 'workman' cadre employees should conform to the labor standards prescribed in every labor law applicable to the establishment and to such employees concerned as well. In the event of any deviation from such statutory conditions, the Labor Courts and Tribunals constituted under the Industrial Disputes Act, 1947, are empowered to interfere and modify the terms of the contract or impose a new contract upon a reference by way of an industrial dispute. Therefore, it is important to mention the factual position as to the cadre of the employee whenever you raise a question like this.

Leave Benefits for Probationers

Coming to your query now, leave benefits include various kinds of leave such as Casual Leave, Sick Leave, Earned or Privilege Leave, Maternity Leave, etc., and their maximum limits, method of their calculation, etc. If the probationer is a workman cadre employee, he is entitled to all the leave benefits under the establishment-specific labor law applicable or the service conditions prescribed under the Standing Orders. In the case of denial by the employer, he should raise a dispute under section 2(k) of the ID Act, 1947, through the trade union in which he is a member or lodge a complaint with the enforcement officer as the case may be. If he belongs to the managerial cadre, he can institute a Civil Suit against his employer if the leave benefits mentioned in the contract of employment are denied because of his probationary status. However, one should think before resorting to such a legal remedy, for it can be at the cost of his employment if the employer happens to be unscrupulous.

Dear Navya, Usually, companies don't offer any leave benefits until the probation period is complete. Nevertheless, I see that this mindset is slowly changing. Companies now offer certain casual leaves/sick leaves during the probation period, depending on your company policy. However, you can ascertain this from your Letter of Appointment, which describes the leave terms for probationers. So, check your Appointment letter or Leave Policy.

Although no leave is granted during probation, earned leave (EL) starts accumulating from the joining day and is credited to employees after 240 days of work.

Furthermore, every employee is eligible for paid holidays, whether on probation or not.

Many companies offer short leaves every month to help employees manage their personal or emergency situations.

The best way is to review your policy terms.

Even though an employee is on probation, FH & NH could be allowed, as these holidays are observed by the company. As a general practice, which is seen nowadays, one day leave is allowed to employees who are on probation. All other leaves—EL/PL, SL, CL, etc.—can be allowed to an employee after he is confirmed in the service.

As rightly pointed out by our member, eligibility for EL/PL shall be ascertained from his date of joining as a probationer.

On the legal front, the matter has already been explained to you by our very senior member.

I am currently in the probation period, and I have completed more than five months. I am considering leaving the institute. Please provide me with your suggestions.

I am in the probation period, and I have completed more than 5 months. I want to leave the institute. Please suggest what I should do.