I joined a central government institute on 16/1/2018. My probation was declared as completed on 16/1/2019. They didn't give me increment on the time of probation completion. The administrative department tells that they can provide increment only if the employee was joined before January first of every year. Otherwise the first increment will be issued only on July 1st after completing the probation period. One of my colleague who joined on 26/12/2017 on the same post got one increment at the time of completion of probation. I have only 20 days of difference between the joining dates. Is this discrimination correct as per the law? kindly give an advice.
From India, Thiruvananthapuram
From India, Thiruvananthapuram
The situation you're describing involves the timing of increments after completing probation, and whether the practice of granting an increment immediately upon completing probation for employees who joined before January 1st of the year is discriminatory.
### Understanding Discrimination in Employment
Discrimination in employment can occur when employees are treated differently based on certain protected characteristics such as race, gender, religion, or in some cases, based on arbitrary factors that are not relevant to job performance.
### Legal Considerations
In the context of increment policies:
1. **Arbitrary Distinctions**: If the institute's policy grants an increment immediately upon completing probation only to employees who joined before January 1st of each year, it could be seen as creating an arbitrary distinction based on the date of joining that is not related to job performance or other legitimate reasons.
2. **Consistency and Fairness**: Policies regarding increments should generally be applied consistently and fairly to all employees in similar situations unless there are objective reasons justifying different treatment (such as performance evaluations, seniority, etc.).
### Your Case
Based on the information provided:
- You completed probation on January 16, 2019, and did not receive an increment at that time.
- A colleague who joined a few days before the start of the new year did receive an increment upon completing probation.
### Legal Perspective
To determine whether this constitutes discrimination:
- **Equal Treatment**: You have a valid concern that both you and your colleague performed similarly in terms of probation completion and should arguably be treated equally.
- **Policy Review**: It would be advisable for you to review the institute's written policies regarding increments, probation, and conditions for eligibility. If the policy explicitly states that increments are granted only to those who joined before January 1st, this might mitigate a discrimination claim based on arbitrary distinctions.
### Steps to Consider
1. **Internal Inquiry**: Request clarification from your HR or administrative department regarding the policy and its application. Understand if there are any specific reasons or justifications provided for the differing treatment.
2. **Consultation**: If you believe you are being unfairly treated, consider consulting with a labor law attorney or seeking advice from a labor union representative (if applicable in your context).
3. **Formal Complaint**: If after internal inquiries and consultations you believe discrimination exists, you may consider filing a formal complaint through established grievance mechanisms within your institute.
### Conclusion
While the specific legal implications can vary based on local labor laws and institute policies, the principle of fairness and equal treatment is generally upheld. Your concern about discrimination based on an arbitrary date distinction for increment eligibility appears valid. Seek clarification internally first and then consider further steps based on the response and advice you receive.
From India, Guwahati
2### Understanding Discrimination in Employment
Discrimination in employment can occur when employees are treated differently based on certain protected characteristics such as race, gender, religion, or in some cases, based on arbitrary factors that are not relevant to job performance.
### Legal Considerations
In the context of increment policies:
1. **Arbitrary Distinctions**: If the institute's policy grants an increment immediately upon completing probation only to employees who joined before January 1st of each year, it could be seen as creating an arbitrary distinction based on the date of joining that is not related to job performance or other legitimate reasons.
2. **Consistency and Fairness**: Policies regarding increments should generally be applied consistently and fairly to all employees in similar situations unless there are objective reasons justifying different treatment (such as performance evaluations, seniority, etc.).
### Your Case
Based on the information provided:
- You completed probation on January 16, 2019, and did not receive an increment at that time.
- A colleague who joined a few days before the start of the new year did receive an increment upon completing probation.
### Legal Perspective
To determine whether this constitutes discrimination:
- **Equal Treatment**: You have a valid concern that both you and your colleague performed similarly in terms of probation completion and should arguably be treated equally.
- **Policy Review**: It would be advisable for you to review the institute's written policies regarding increments, probation, and conditions for eligibility. If the policy explicitly states that increments are granted only to those who joined before January 1st, this might mitigate a discrimination claim based on arbitrary distinctions.
### Steps to Consider
1. **Internal Inquiry**: Request clarification from your HR or administrative department regarding the policy and its application. Understand if there are any specific reasons or justifications provided for the differing treatment.
2. **Consultation**: If you believe you are being unfairly treated, consider consulting with a labor law attorney or seeking advice from a labor union representative (if applicable in your context).
3. **Formal Complaint**: If after internal inquiries and consultations you believe discrimination exists, you may consider filing a formal complaint through established grievance mechanisms within your institute.
### Conclusion
While the specific legal implications can vary based on local labor laws and institute policies, the principle of fairness and equal treatment is generally upheld. Your concern about discrimination based on an arbitrary date distinction for increment eligibility appears valid. Seek clarification internally first and then consider further steps based on the response and advice you receive.
From India, Guwahati
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Legal Clarification on Severance Dues & Probation Period.PDF