New Job Probation Period: What's the Standard Duration for New Employees?

What is the standard probation period for new employees upon joining?

There is no fixed formula for determining a uniform probation period for all cadres and posts. The more skills required for the post, the longer the probation period is likely to be. For example, an unskilled position may have a probation period of three to six months, while a skilled job could require a probation period of at least six months or more. Executive-level or managerial positions would typically have a probation period of at least one year.

It depends on the company and is based on several factors. At present, there is no specific law to enforce it.

Hi, the general probation period timeframe is 3 to 6 months. Anything above a year is not advisable.

As a new employee of the company, he/she will have a probationary period stated specifically in the offer letter. It is a good chance for the employee to test whether they suit the job or not. Also, it gives the company a chance to find out whether the employee's performance during the probationary period meets the performance standards required for the position.

To be a permanent employee of the company, one must serve a period of probation starting from the date of employment. This period is normally set at 40 days for Direct Workers and 3 months for Indirect Workers and Staff before being accepted as a regular, permanent employee enjoying full HRM Policy Manual's protection and benefits.

In special cases, the normal period of probation may be reduced, waived, or extended to allow more time for evaluation. The "Request for Personnel Action" proposed by the Department Manager should reflect any such change in the probationary period. The reason for the change should be specified in the request.

A newly assigned employee is expected to make satisfactory progress in mastering at least the fundamentals of their new assignment. A learning curve, or period of time allowed for progressive levels of learning the requirements of the new job, will be established. Establishing a fair yet challenging learning curve is the responsibility of each supervisor and IE Engineer. The employee should sign an agreement for probation defined by the company at the date of reporting on duty. When the probationary period is completed, an evaluation form will be issued by the HR Department through the employee's immediate supervisor and Department Manager and returned to the HR Department for further action.

1. It is essential for the supervisor to review all the topics listed on the evaluation form in an interview with the employee on the first day of work. This is done by completing the introductory checklist.
2. If the supervisor has any questions concerning the performance of an employee during the probationary period, they should consult HR.
3. The supervisor must also inform the employee at the end of the probationary period that they have been accepted into regular employment. The supervisor should explain that this means continuous service effective on the date of hire and that the employee is now a permanent employee in good standing. A formal notice signed by the General Manager will be given to the employee who successfully completes their probationary period.

During the probationary period, the company can terminate the employment contract without giving any reason. No payment of benefits for the employee who resigns on their own will be provided.

Best regards to CiteHR Members,
John Chiang

Dear, Since they are probationers, you can terminate them with notice pay. The best solution is to just terminate them with notice pay one by one with a space of 15 days in between. When you have the right to termination with you, better do not make any imputation on their conduct or job as you might get into a legal problem. If they operate as a group, take local specialist advice.

With Regards,

V. Sounder Rajan

VS Rajan Associates,

Advocates & Notaries,

No.27, Ist Floor, Singapore Plaza,

No.164, Linghi Chetty Street,

Chennai - 600 001.

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Recently, we came across a video about probation and the insights of unjustifiable terminations during the probation period. https://www.youtube.com/watch?v=QURmh98LOWQ

Usually, many employees overlook these clauses while signing employee offer letters.

Under the terms of the contract, there was a further period of probation. During the period of probation, the Company could terminate his service without notice and without assigning any reason. On the completion of the period of probation, either side could terminate the contract by 3 months' notice without assigning any reason. The Company could also terminate the employment by 'giving in lieu of notice, three months' salary.

On the other hand, an employee who has completed 240 days of continuous services is entitled to protection under labor laws. If retrenchment provisions are not complied with, it will attract reinstatement with back-wages. - The Industrial Disputes Act, 1947. //

So what is true?

Probation is an observatory period

A candidate, whether he/she is kept in an incubation cradle. His or her performance is kept under a lens/microscope using 360-degree vision. Behavior, productivity, interpersonal relationships, attitude, mindset, immersion in a company's work, skill dominance, and most importantly output.

What can be the relief for forced resignation during the probation period of 240 days?

1) Many freshers claim that a 6-month to 1-year probation period was concluded with an exam to be cleared with a percentage of 60 out of 100. If exams are not cleared due to tough questions, a termination letter is issued. What is the relief and act applicable for less than 240 days cases?

2) During the probation period, if an experienced employee struggles with a slave culture to work 12-14 hours and Saturday work in the name of unforeseen workload, what is the relief and act applicable? (Principles of natural justice)

3) Companies, after probation, say that they don't have enough cash to pay all employees and terminate those who are not willing to take a pay cut.

4) In the probation period, in the offer letter, it is clearly mentioned that my office work type is remote. Now, the manager is asking to come to the office. If the employee asks for online-based training for the remaining probation period, will they fire the employee?

5) An employee didn't pass probation mainly because training was not given for the work to be measured.

Is there any Article 311 civil servant-like rights to protect private limited employees or contract employees?

Termination cannot be a dismissal, removal, or reduction in rank by way of punishment. Before a probationer is confirmed, the authority concerned is under an obligation to consider whether the work of the probationer is satisfactory or whether he is suitable for the post.

The authority may, in some cases, be of the view that the conduct of the probationer may result in dismissal or removal after an inquiry. But in those cases, the authority may not hold an inquiry and may simply discharge the probationer with a view to giving him a chance to make good in other walks of life without a stigma at the time of termination of probation.

On the other hand, if the probationer is faced with an inquiry on charges of misconduct, inefficiency, or corruption, and if his services are terminated without following the provisions of Article 311(2), he can claim protection.

The Supreme Court stated that it must, according to the Appellant, hold that there is no difference between Hindustan Steel Limited and a Department of the Government and that the service under Hindustan Steel Limited is a service under the Union.

In https://indiankanoon.org/doc/8226904/ case, Schedule I Industrial Employment (Standing Orders) Central Rules, 1946, a probationer is also defined as a workman. It reads as follows: -

"A 'probationer' is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months' service therein.

SH DILIP KUMAR TIWARI VS M/S. ASSOCIATED AVIATION PVT LTD ID No.52/06 "The terms of employment specified in the Standing Orders would prevail over the corresponding terms in the contract of service in existence on the enforcement of the Standing Order. According to the Standing Order, a workman shall not be kept on probation for more than six months."

The terms of the Standing Order would prevail in the present case as the Management had placed the workman on probation for a period of one year.

Hence, as per law, it cannot be the sweet will of the dominating party, i.e., the Management, to place the other party on an illogically long period of probation. If it does so, it has to show the propriety and legality of such orders which the present Management had failed to do. This illogically long period of probation has hinted at the intention of the Management.

As the termination of the services of this workman by the Management is held to be illegal and unjustified, therefore, the workman deserves reinstatement of services.

Like Article 311 for Civil servants and Standing orders taking precedence over the contract signed for probation greater than 6 months in Sh Dilip Kumar Tiwari vs M/S. Associated Aviation Pvt Ltd case, Kindly share your views and judgment citation if any for private employee protection during Probation or training period unjustified termination cases.

Michael George

VOIP - Voice of Information Technology Professionals

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