Can employers give an 18-month probation period for new employees? And if yes, on what basis?
From India, Pune
From India, Pune
Hi, The ideal period for probation will be 6 months. 1.6 years probation is pretty long. What is the motive behind to keep the employees on Probation for 18 months?
From India, Madras
948From India, Madras
In general probation period will be 6 to 12 months. Beyond that you cannot extend unless his/her performance/attendance is below expectations. To correct this you can extend just 6 months further or else, you have to close his services.
From India, Bengaluru
From India, Bengaluru
Period of probation will depend upon the skill level at the entry level and the responsibilities that the employee is going to shoulder after completion of probation. Therefore, the period of probation required for a worker level employee may be less, say three months, but at the same time it will be higher for those who are hired for managerial roles. Again for a new employee who has had substantial experience can be given less probation period. In establishments where set of rules are defined, there will be definite probation period. Please note that the officers in public sector undertakings like banks, who are expected to manage a branch independently have to undergo two years' probation once selected.
From India, Kannur
From India, Kannur
The employee must ask the employer to show the approved Standing Orders before joining the company.
[[What is the Probation Period?
The probation period is the trial period for freshly recruited employees in a company. It is the fixed duration during which a new employee’s performance and suitability for a job are assessed. During the probation period, new employees are considered probationary employees. A probationary period can vary, but commonly, it lasts for 3 to 6 months.The main benefit of the probationary period for an employee is the opportunity to exhibit their skills and adapt to the job. Employees are usually paid during the probation period. They receive their agreed-upon salary or wages as per the terms of their employment contract.
During probationary periods, employees have the same legal rights as other staff. This means they are entitled to the national minimum wage, statutory sick pay, and all fundamental employment rights. This includes the same working time rules and time off work.
What types of organizations offer probation periods?
1. Private Organizations
Private organizations are privately-owned businesses in a country. They are for-profit organizations and are not operated by any government body. They’re usually in the form of a corporate, agency, partnership, or headed by a single person.
Private companies’ employees receive a probation period of either 1 month, 3 months, or 6 months. The fixed probationary period depends on the particular company’s policies and guidelines.
From India, Mumbai
[[What is the Probation Period?
The probation period is the trial period for freshly recruited employees in a company. It is the fixed duration during which a new employee’s performance and suitability for a job are assessed. During the probation period, new employees are considered probationary employees. A probationary period can vary, but commonly, it lasts for 3 to 6 months.The main benefit of the probationary period for an employee is the opportunity to exhibit their skills and adapt to the job. Employees are usually paid during the probation period. They receive their agreed-upon salary or wages as per the terms of their employment contract.
During probationary periods, employees have the same legal rights as other staff. This means they are entitled to the national minimum wage, statutory sick pay, and all fundamental employment rights. This includes the same working time rules and time off work.
What types of organizations offer probation periods?
1. Private Organizations
Private organizations are privately-owned businesses in a country. They are for-profit organizations and are not operated by any government body. They’re usually in the form of a corporate, agency, partnership, or headed by a single person.
Private companies’ employees receive a probation period of either 1 month, 3 months, or 6 months. The fixed probationary period depends on the particular company’s policies and guidelines.
From India, Mumbai
There is no hard & fast rule stipulating the period of PP. It'll vary from employer to employer. I remember govt & quasi govt.sector establishments even stipulates 2 yrs PP. But pvt.entities fairly keep between 6m to 1 yr. However most of all include a clause in their offer letter leaving the discretion to the employer the right to extend the period if the performance of recruits found wanting. Once the terms are accepted by the recruits there won't be scope to alter the clause. May be in deserving & highly acclaimed performances the PP may be relaxed at their discretion.
From India, Bangalore
From India, Bangalore
It is also important that nobody will accept employment in private sector which is mandating a probation of 2 years. There is a conception that probation is period not actually to make the employee able to perform his duties independently but is used to fire an employee if not upto the expectations. That is why if your probation is long chances of your getting good candidates is also less. But in PSUs no one will question but will accept it even though they know that the work is very hectic (especially in banks)
From India, Kannur
From India, Kannur
The debate & discussion over a topic goes at length with several suggestions, it is mostly marked in this forum. This is because of not existing exact law to decide upon the couse of action. Because of this helplessness condition leads to exploitation of employees by the employer and by the judicial. The abandoned employment opportunities for qualified remains the magic stiks in the hand of employer. The government has started surrogacy system of employment in the name of outsourcing. It is yet to understand, what is camouflage! In judicial understanding every thing turns fair, when a case goes and fought for period of infinity.
From India, Mumbai
From India, Mumbai
Dear all
1. there must be some law as mention above Govt entities have 2 yr PP and Pvt have avg 6M ?
2. is there any Supreme court order for limiting PP?
3. Pvt employer may extended PP 6M multiple time washout any law /direction in place
4. what policy level points to be take care to avoid PP legal issue.?
Thanks
From India, Mumbai
1. there must be some law as mention above Govt entities have 2 yr PP and Pvt have avg 6M ?
2. is there any Supreme court order for limiting PP?
3. Pvt employer may extended PP 6M multiple time washout any law /direction in place
4. what policy level points to be take care to avoid PP legal issue.?
Thanks
From India, Mumbai
My opinion is PP cannot be the same for all the joinees uniformly such as freshers, experienced, diff.cadres & levels etc. Establishments should be free to decide on the requirement on case to case basis. It's obvious freshers would require more time to learn and adopt to the skill set required in a new environment at the same time in specialised posts, senior positions short duration PP would be good enough. However stipulation of PP beyond 2 yrs,initially not desirable but that doesn't mean PP cannot be extended beyond 2 yrs or so if their performance in 2 yrs assessed below mark.
In can cite these (not addressing what should be max.PP) -There are few judgments in cases involving PP but not looked at the periodicity issue (The Karnataka High Court has held that a person appointed on probation becomes a permanent employee only after the issue of an express order of confirmation-https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-ruling-probationary-employees-must-receive-explicit-confirmation-orders-permanent-status-238727);
2) The Rule states further that the period of probation may be extended in accordance with the rules. The period of two years specified in the Rule is merely the initial period for which an officer may be appointed on probation. As the terms of the same Rule indicate, the period of probation may be extended.https://main.sci.gov.in/jonew/judis/9387.pdf);
3) ‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order...https://www.scconline.com/blog/post/2024/03/08/termination-of-services-of-probationer-is-neither-per-se-dismissal-nor-removal-calcutta-high-court-scc-times/https://www.scconline.com/blog/post/2024/03/08/termination-of-services-of-probationer-is-neither-per-se-dismissal-nor-removal-calcutta-high-court-scc-times/
4) The law on the point is crystalised that the probationer remains probationer unless he has been confirmed on the basis of the work evaluation. - https://indiankanoon.org/docfragment/776979/?formInput=probation%20period%20%20doctypes%3A%20s upremecourt
From India, Bangalore
In can cite these (not addressing what should be max.PP) -There are few judgments in cases involving PP but not looked at the periodicity issue (The Karnataka High Court has held that a person appointed on probation becomes a permanent employee only after the issue of an express order of confirmation-https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-ruling-probationary-employees-must-receive-explicit-confirmation-orders-permanent-status-238727);
2) The Rule states further that the period of probation may be extended in accordance with the rules. The period of two years specified in the Rule is merely the initial period for which an officer may be appointed on probation. As the terms of the same Rule indicate, the period of probation may be extended.https://main.sci.gov.in/jonew/judis/9387.pdf);
3) ‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order...https://www.scconline.com/blog/post/2024/03/08/termination-of-services-of-probationer-is-neither-per-se-dismissal-nor-removal-calcutta-high-court-scc-times/https://www.scconline.com/blog/post/2024/03/08/termination-of-services-of-probationer-is-neither-per-se-dismissal-nor-removal-calcutta-high-court-scc-times/
4) The law on the point is crystalised that the probationer remains probationer unless he has been confirmed on the basis of the work evaluation. - https://indiankanoon.org/docfragment/776979/?formInput=probation%20period%20%20doctypes%3A%20s upremecourt
From India, Bangalore
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