Six-Month Probation for Senior Hires: Is It Really Necessary in Every Job?

My company enforces a policy of a six-month probation period for all newly hired employees. I am seeking clarification. Is a six-month probation period universally mandatory for all job types, even when hiring a senior-level professional with over 18 years of experience? I am based in Chennai, India.

Dear Pushpa,

Whether for senior or junior employees, probation is not mandatory. Companies can confirm employment rights from the first day. No labor law imposes probation when recruiting employees.

Sometimes, the opposite is true. Upon discovering they are unique or critical resources for a future company, a few smart job candidates, in addition to negotiating salary packages, also negotiate the removal of the probation clause from the appointment letter.

Not all companies are certain of their recruitment practices. In the case of bad hiring, companies want the provision to remove employees with immediate effect, hence the safeguard of the probationary period.

Thanks,

Dinesh Divekar

I am for a flexible probation period. The six-month probation is a British legacy that I feel was formulated prior to the internet era. With more years of experience in the same domain, a new entrant should not be given a six-month comfort zone. Everything is available online, and it should not take six months for somebody with experience to prove their performance. I have been advocating this everywhere.

Example from Doha, Qatar

I will give you a classic example. I was in Doha, Qatar, conducting an HR Audit for a group of companies. They were practicing the six-month probation. However, they encountered a problem. A candidate is selected and appointed in Doha. He gets a 3-month visitor visa. Due to the probation period issue, management sends him by flight to neighboring Oman for a day, thus spending money on an air ticket, a new visa for Qatar, pocket money for a day, and the candidate is given another three months.

I asked the HR guy, "Please show me one international document where it is mentioned that a six-month probation is mandatory!" Rules are there to guide us, and we should not become slaves to the same rules. Rules can be bent depending on the situation. I strongly oppose the six-month probation. I have also written about this on LinkedIn.

Probation and Confirmation Laws in India

No law on probation or confirmation is applicable to all organizations across India. If the provision is included in the standing orders, it should be adhered to.

Regards, Varghese Mathew
Trivandrum
[Phone Number Removed For Privacy-Reasons]

The imposition of a probation period largely depends on the organizational policies and the terms outlined in the employment contract. Although it's common practice to have a probation period, it is not universally mandatory, especially for experienced professionals. This can vary widely based on the industry, the specific role, and the organizational policies.

The Industrial Employment (Standing Orders) Act, 1946 governs the terms of employment in India, including probation periods. According to this act, the probation period is generally 3 months and can be extended up to 6 months. However, this is not a hard rule and can be negotiated or waived depending on the circumstances.

In response to user Varghese Mathew's reply, it's important to note that while there is no law making probation mandatory, organizations often impose a probation period to assess the performance and fit of new hires. However, for experienced professionals, a shorter probation period or no probation period at all may be negotiated as they are often hired for their expertise and proven track record.

Steps to Consider When Determining Probation Periods

1. Review the Industrial Employment (Standing Orders) Act, 1946, particularly the sections relevant to probation periods.
2. Consider the nature of the job, the level of expertise required, and the individual's prior experience.
3. Consult with senior management or HR to determine if the standard probation period can be shortened or waived.
4. Ensure that any changes to the probation period are clearly outlined in the employment contract.
5. If a probation period is imposed, ensure that the new hire is assessed fairly and given constructive feedback throughout this period.

Remember, the key is to balance organizational needs with fairness to the employee. Sometimes a probation period may be necessary, but it should always be reasonable and justifiable.