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Manish (Service)     16 July 2011

Probation

Experts pls guide -

one of the friend is the legal execuitve in the manufacturing company - his employment is under probation for 6 months which has already ended but still they want to extend for another  3 months.

My question is whether to become the permanent employee he should atleast work for continious period of 240 days  - is it applies that  the probationery period cannot be extended for more than 240 days .- is this criteria is applicable to only workes at not to the office staff.

Is ther any judgement for the same.



Learning

 4 Replies

V. VASUDEVAN (LEGAL COUNSEL)     16 July 2011

A Legal Executive generally comes under a supervisor category and the ID Act would not apply to him. Further his terms of employment would be governed by his Letter of Appointment and this needs to be seen for the probation period and the extension option. Generally a probation can be extended by the company for non-satisfacotry/improvement of performance based on objective assessment and even during the extension the performance is not satisfied, the contract may be terminated as per the terms of the letter of appointment.

vasudevan

1 Like

Kumar Doab (FIN)     19 July 2011

Learned Mr. Vasudevan has given valuable advice. Kindly follow it.

Please study your appointment letter, and documents supplied or available at the intranet of the compnay, HR page,on  roles and responsibilities, KRA's applicable to employee and his position. All assignments given to employee by the company and quality of task achieved and feedback of the company shall also matter, and therefore should be studied.

Before the expiry of probation period company must have conducted an appraisal and employee must have signed the format and must have  received a copy. Based on the assessment compnay must have arrived at a decision to extend the probation.

In the private sector it shall be appropriate to alwyas have a choice for future ventures in hand.

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(Guest)

Dear Manish,

The criteria of 240 days is applicable only on casual workers, like unskilled, semi-skilled workers and skilled workers of lowest rung. Moreover, an employee is put on probation by the management to put him on onjob training with the intention to regularise his service on completion of probation period subject to the satisfaction of the management about the accomplishment of jobs assigned to the probationer. Probation period can be extended by the management, if not satisfied with the performance during the initial probation period. Permanency cannot be claimed as a matter of right. Regularisation/ permamnency is subject to the satisfaction of the management depending upon the performance of the probationer.

 

So, advise your friend to exhibit his capabilitity and efficiency during the extended probation period, so that the management may not extend the probation any further.

Manish (Service)     20 July 2011

Thanks, thanks for your valuable advice.

 

Sir, but sometime certain companies can take advantage by not giving permanent  employement - so is there  any time limit for the Probation period because the appointment letter might say that "your probation period may be extended and the decision of the managment will be final and binding" . Any resonable time  is given by the statute beyond which probationary period cannot be extended - for which any judgement may be passed by any Court.

 

 

 


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