Extension of probation period in india

What is probation period? How long does it take to get probation after expiry? The company shall at its absolute discretion determine whether to confirm an employee or not. Unless an employee’s extension of Probation is confirmed in writing, initial period of probation will be deemed to have been confirmed on completion of months on its own.

Where there is a provision in the employment rules for initial probation and extension thereof, and a maximum period for such extension is also provide beyond which it is not permissible to extend probation , the employee is deemed to have been confirmed upon expiry of the maximum period of probation in case he or she has not been terminated prior thereto. The employer issues a probation extension letter to the ones who are unable to match the required parameters and fail the tests.

As per extant instructions “if during the period of probation , a probationer has not undergone the requisite training course…, the period of probation may be extended by such period or periods as may be necessary, subject to the condition that the total period of probation does not exceed double the prescribed period of probation. Normally it will the policy for the company to keep employee on probation for a period of time , say months or year. Probation in India : The term Probation is derived from the Latin word probare, which means to test or to prove.

It is a treatment device, developed as a non-custodial alternative which is used by the magistracy where guilt is established but it is considered that imposing of a prison sentence would do no good. During the period of probation , or any extension thereof, candidates may be required by Government to undergo such courses of training and instructions and to pass examinations, and tests (including examination In Hindi) as Government may deem fit, as a condition to satisfactory completion of the probation. This period of development and testing is known as ‘probation passing’ in which the new joinee gets confirme becomes a permanent employee and can avail certain benefits.

Generally, the probation period of an employee is governed by the employment letter or company’s policy for the employee. As per the industrial practice and labour laws in India, maximum period of probation for a Probationer or a trainee should not exceed 2(Two Hundred Forty) working days. Latest News on 7th Pay Commission for Central Govt Employees The undersigned is directed to refer to this Department’s 0.

The probation reports, unlike APAR, are written to help the supervising officer to concentrate on the special needs of probation and to decide whether the work and conduct of the officer during the period of probation or the extend period of probation are satisfactory enough to warrant his further retention in service or post. In probation period company can terminate without assigning any reason, but for that appointment letter must indicating that clause clearly. The purpose of placing a person on probation is to try him during the period of probation to assess his suitability for the job concerned. Employers often require new employees to complete a probationary period before they will confirm them in post. However, just because an employee is “on probation” does not mean that he or she has no statutory employment rights.

Any extension should be notified in good time before the end of the period and expected improvements set out. The extension period should also be confirmed. A Probationer reverted or discharged from service during or at the end of the period of probation shall not be entitled to any compensation. EXTENSION OF PROBATION PERIOD 15. Offer letter says This offer is subjected to the satisfactory completion of probationary period for the position months is the probationary period and with in month company issued the termination letter stating During the probationary period performance assessed and not met the required standard to effectively carry out the role.

The law has not prescribed or intimidated any maximum period. Probation period usually lasts for a period of six months to a year. NATURE OF PROBATIONARY EMPLOYMENT Since the employment is conditional in case of probationary employees, the employer has the power to fire the probationary employees if the required conditions are not fulfilled.

Further to your letter of your appointment dated th January this is to inform you that your probation period has been extended by (One) month due to unsatisfactory performance. Not entitled to full period of probation Employees are not entitled to work their full probationary period before any decision on suitability for the role is reached. This policy outlines the process for managing a probationary period , including an explanation of the purpose of probationary periods, how to manage any concerns during the probationary period , what support should be provide along with information on confirming the successful completion of a probationary period as well as terminating employment either before completion of the probationary period or at the end of the probationary period.

There is no law specifying the length of a probationary period but it should be reasonable and is usually for a period between three and six months. If during the period of probation , a probationer has not undergone the requisite training course or passed the requisite departmental examinations prescribed (proficiency in Hindi, etc.), if any, the period of probation may be extended by such period or periods as may be necessary, subject to the condition that the total period of probation does not exceed double the prescribed period oi probation.

Extension of probation period on account of availing Leave during probation period : DoPT Important Order, No. The above CLASSIFICATION will complete his nine-month probationary period on approximately DATE. NAME has experienced some difficulty in meeting his job expectations but has shown recent improvement.

Because he has further room for improvement, however, I have informed him that I am recommending a three-month extension to his probationary period. As shown by judicial practices in Beijing, Jiangsu and Shenzhen, most courts tend to maintain that the negotiated extension of probation evades the rule set out in the Employment Contract Law that “the employer shall stipulate only one probationary period with one employee”, and is suspected of infringing upon the employee’s rights, holding such agreements invalid for breach of mandatory legal provisions. We would like to offer an extension of your current period for another (three) months effective from the expiry of your original probationary period.

Within this months, we shall assess and evaluate your performance and you will also be working closely with your superior to closely monitor your work and advise improvement accordingly. The employer should ensure that extending the probationary period does not result in a breach of contract and should be aware of the risk of discrimination or of subjecting the employee to a detriment, particularly where the employee has been absent due to pregnancy, family-related leave or sickness.