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Abhishek Ojha (Advocate)     13 June 2017

Clearance of probation period

There are few issues related Probation policy of the companies, could anyone please let me know about the what are the rulings regarding probation period, when:- 

1) Probation not cleared in the stipulated time?

2) What is the maximum period of probation?

3) If maximum period passed away and no intimation received from the management then what one should do in that case.

4) Let me know some case studies and judgements regarding non clearance of probation period.

Thanks



 7 Replies

Kumar Doab (FIN)     15 June 2017

You may go thru:

2. Classification of workmen.

(b) A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.

https://labour.gov.in/sites/default/files/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1946.pdf

Kumar Doab (FIN)     15 June 2017

You may go thru:

2. Classification of workmen.

(b) A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.

https://labour.gov.in/sites/default/files/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1946.pdf

Kumar Doab (FIN)     15 June 2017

Does establishment has its certified standing orders!

Sudhir Kumar, Advocate (Advocate)     16 June 2017

The querist did not even specify whether or not he is govt servants

Abhishek Ojha (Advocate)     17 June 2017

IF he is government employee or working in PSU

Kumar Doab (FIN)     17 June 2017

You can Search in 'SEARCH' option on right hand side botom of this web page 'SEARCH FORUM' and 'SEARCH Q & A' in middle of web page in Experts section and you shall get acces to many citations.................

 

Google search will also lead you to old, illustrated  threads at LCI containing citations.............

Pradipta Nath (Advocate)     27 October 2020

Abhishek you please the offer letter of your client as probation varies from organization to organization. If the probationary time has passed and still your client is ought to receive his/her order, as him/her to approach the HR but certainly it cannot be deemed to be confirmed automatically. And regarding the case law, I need to go through the Rule book of the PSU for greater understanding and interpretation.


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