What is the legal guidelines of probation period in labour laws of india 1) time period 2) employee rights 3) employer rights
From India, Bhubaneswar
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3From India, Bhubaneswar
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hi sunil
i dont think there is any labour law for the probation period. Normally it will the policy for the company to keep employee on probation for a period of time , say 6 months or 1 year. but do not keep an employee on probation or as a trainee for more than 240 working days. please refer to an act called conferment of permanent status act, wherein it says that an employee should be made permanent or deemed as a permanent employee once he or she had worked for 240 days in a year. as far as the probationary and trainee period you may include as a condition in your company HR policy like one year, 6 months etc.,
any further doubt you can ask me
regards
R Devarajan
From India, Madras
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i dont think there is any labour law for the probation period. Normally it will the policy for the company to keep employee on probation for a period of time , say 6 months or 1 year. but do not keep an employee on probation or as a trainee for more than 240 working days. please refer to an act called conferment of permanent status act, wherein it says that an employee should be made permanent or deemed as a permanent employee once he or she had worked for 240 days in a year. as far as the probationary and trainee period you may include as a condition in your company HR policy like one year, 6 months etc.,
any further doubt you can ask me
regards
R Devarajan
From India, Madras
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Dear Sir,
I joined a company in January 2011 and completed a 3-month probation period in April 2011. I asked my company's HR for a confirmation letter, but despite sending numerous reminder emails and having telephonic discussions, I have not received any confirmation letter. Recently, the company HR contacted me citing some reasons and asked me to resign. I refused to resign, and as a consequence, they have stopped my salary and closed my company-provided email account. I am now unable to correspond with them. I have a payslip from the company but have no idea how to fight for my rights.
Regards,
Parveen Bagga
From India, Delhi
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I joined a company in January 2011 and completed a 3-month probation period in April 2011. I asked my company's HR for a confirmation letter, but despite sending numerous reminder emails and having telephonic discussions, I have not received any confirmation letter. Recently, the company HR contacted me citing some reasons and asked me to resign. I refused to resign, and as a consequence, they have stopped my salary and closed my company-provided email account. I am now unable to correspond with them. I have a payslip from the company but have no idea how to fight for my rights.
Regards,
Parveen Bagga
From India, Delhi
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Dear Sir, Where can I find the act called conferment of permanent status act? Please help. My employer is refusing to make me permanent without giving a reason.
From India, Pune
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From India, Pune
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hai zmb999, REFER UR APPOINTMENT LETTER FOR TERMS AND CONDITIONS TO REGULARISATION OF UR EMPLOYMENT AND APPROACH JCL OR ACL OF UR PLACE OF WORK FOR SOLUTION TO UR PROBLEM
From India, Visakhapatnam
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From India, Visakhapatnam
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Hi All,
My name is Jaivir Selwal. I was working with a 5-star hotel in Gurgaon. I resigned from the hotel on 13th January 2014. I joined on 1st July 2013 and was in the probation period, as clearly stated in my appointment letter, until I received written confirmation, whether after 6 months.
I started at Rs. 15,100/- per month and was assured a salary revision after 3 months, but I did not receive anything in writing regarding this. Despite this, my salary was not revised, so I submitted my resignation letter to my HOD after 6 months (although I could not inform HR).
Since I was in the probation period, I was not obligated to serve any notice period (the appointment letter only mentioned a 1-month notice period if I received confirmation, with no mention of the probation period).
I have now been shortlisted by an MNC, and during the verification process, the HR of the hotel labeled me as an absconder for not completing exit formalities, even though HR had not contacted me earlier. This situation caused me to miss out on a wonderful opportunity.
Please suggest a way forward, whether mutual or legal, as I fear this issue may arise again during future verifications.
Regards,
Jaivir Selwal
From India, Delhi
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My name is Jaivir Selwal. I was working with a 5-star hotel in Gurgaon. I resigned from the hotel on 13th January 2014. I joined on 1st July 2013 and was in the probation period, as clearly stated in my appointment letter, until I received written confirmation, whether after 6 months.
I started at Rs. 15,100/- per month and was assured a salary revision after 3 months, but I did not receive anything in writing regarding this. Despite this, my salary was not revised, so I submitted my resignation letter to my HOD after 6 months (although I could not inform HR).
Since I was in the probation period, I was not obligated to serve any notice period (the appointment letter only mentioned a 1-month notice period if I received confirmation, with no mention of the probation period).
I have now been shortlisted by an MNC, and during the verification process, the HR of the hotel labeled me as an absconder for not completing exit formalities, even though HR had not contacted me earlier. This situation caused me to miss out on a wonderful opportunity.
Please suggest a way forward, whether mutual or legal, as I fear this issue may arise again during future verifications.
Regards,
Jaivir Selwal
From India, Delhi
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Hi... Please find the guidelines of Probation. Hope this may help you.
From India, Bhubaneswar
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From India, Bhubaneswar
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Hi, my name is Kuldeep Singh, and I am working in a central government PSU. I am in a probation period for one year. There was a case on me that was cleared before joining, but the court gave me a probation period which I have completed. Now, my department has asked me to submit the proof of clearance of probation issued by the court. I have already submitted a certificate issued by the SP and police. However, my department insists that the proof of clearance of court probation should only be issued by the court itself. In continuation of this, I have consulted with the Public Prosecutor and advocate, but they mentioned that the court does not provide such certificates. They have stated that the certificate issued by the police should suffice for this purpose.
Kindly advise me on who should provide the proof of clearance of the probation granted by the court in a case, whether it should be the court or the police.
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Kindly advise me on who should provide the proof of clearance of the probation granted by the court in a case, whether it should be the court or the police.
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(Fact Checked)-The guidelines on Probation apply to both private and public organizations in India as per the Indian labour laws. (1 Acknowledge point)