Employment Agreement

What is the Probation Period?

A period of employment known as a "probation period" allows the employer to determine whether their new hire is qualified, dependable for the position.

A probation period is when an employee is hired in order to evaluate whether or not they are qualified for the position. If an employee’s performance is deemed to be below par, the employer may terminate the employee’s employment, and doing so is not considered to be unlawful.

Probation Period

A duration of trial known as probation is used to determine whether an employee is qualified to hold a position on a substantive or long-term basis. This qualification must be established during the process of confirmation. 

Regular employees of an organisation are protected in many ways, including against arbitrary dismissal of employment as well as termination benefits. Unsatisfactory performance by a probationary employee, however, may result in termination during the probationary period, and the employer’s decision to do so would be justified.

During a Probationary Period, What Happens?

Probation is a learning experience for both employers and employees.  The employee assesses their capabilities and determines whether they are a good fit for the organisation while the employer seeks to comprehend the employee skills and knowledge, work habits, and career objectives. 

Additionally, the staff members try to determine whether they can adapt to various aspects such as the commute, working time, corporate culture and regulations, physical space, etc.

What Takes Place After the Probationary Period Is Over?

If the employer decides you are a misfit just at the end of the probationary period, they will let you go from the company. However, you have the option to leave the position if you believe it is not the best career path for you after graduation. 

You will receive a salary mostly during the trial period regardless of what happens with your probation. It might, however, be below the real wage.

Rules and Regulations – Concerning the Probation Period

Numerous court decisions and cases have made it clear what a probationer’s status is. In a landmark decision on a probationer’s status and termination from service, the Supreme Court’s Constitution Bench quoted the following passages:

When someone is appointed to a permanent position in the government on probation, they are put on trial, just like when someone is hired by a private employer. A person may be placed on probation for a set amount of time, such as six months or a year, or they may simply be described as being “on probation” without a time frame. Under the normal law of mentor and servant, a probationary employment ends if the servant designated on trial is discovered to be inappropriate and his provider is revoked by notice during or after the probation.

As a result, when someone is hired to a permanent position in the government on probation, having their employment terminated during or after the probationary period is over won’t typically constitute a punishment in and of itself because the government employee so appointed has no right to remain holding that position any more than a worker hired by a private company on probation has that right. Since the employee does not have a right to hold the position, it is obvious that such a termination can also be a dismissal, removal, or rank reduction as a form of punishment.

In addition to the aforementioned, the Supreme Court has further clarified that an employer may terminate a probationary employee immediately by providing the following clarification:

“There can be no question that the employer has the right to hire a probationary employee. The recruit or appointment’s suitability must be evaluated during the probationary period. The employer has the right to terminate services as a justification if the employee’s performance is subpar, proving that he is unfit for the position.”

Renewal of the Probationary Period

If there are no rules and the employment contract specifies a fixed or specific probationary period and the employed person still continues to provide services after the probationary period has ended, then the employee is still considered to be on probation. 

The probationary period may be extended by the employer until it is satisfactory the probationer is qualified for confirmation. If a probationer works past the probationary period, they do not instantly become a permanent employee. So, until the employer confirms the probationer, they will remain on probation.

Regular Employment

After the probationary period, if your employer is confident in your ability to perform the duties of your position satisfactorily, they will hire you on as a regular employee. Employers may also evaluate you based on how well you perform and how productive you are, as well as how you interact with coworkers and how you generally view your job and the workplace. 

You might be qualified for a higher level of pay and employment perks once you transition into regular employment. Since you would now be covered by a standard employment contract, there might also be a transition in your contract agreements, like a longer notice period.

Employment Termination

Usually, a probationary period makes it easier and requires less notice for your contractor to terminate your employment. You also have a similar degree of flexibility. At the conclusion of the probationary period, you are free to leave the company if you decide that another position would better satisfy your needs. Similar to the above, your employer may decide to end your employment if they believe that your abilities and talents could be used more effectively elsewhere than in the present role or business.

Regularity 

One of the most crucial requirements for successfully completing the probationary period is being on time. It is a crucial element that conveys how you feel and behave toward the workplace norms and culture. Your manager will keep a close eye on your arrival and departure times. 

In addition, whether or not your employer decides to hire you on a full-time basis after your probation period depends on whether you finish your assigned duties in the allotted time. Your supervisor will evaluate your productivity and efficiency by looking at how long it takes you to complete a task. As a result, make an effort to arrive on time for work and finish all tasks on schedule. And let your superiors know if you overlook the deadline.

Eagerness 

Many job descriptions call for applicants to be enquiring and to adopt an analytical or data-driven approach. Therefore, if your chosen career calls for you to cultivate curiosity, showing that aspect of your character throughout probation could indeed boost your chances of receiving a proposal from the employer. 

Eagerness is a character trait that can lead to exciting employment opportunities irrespective of the job profile.

Strong Communication Abilities 

Communication skills that work are essential for succeeding during the probationary period. Additionally, it enables staff members to make their points to superiors and coworkers in an effective manner and carve out a niche for themself. 

It also facilitates the development of strong relationships with coworkers and the beginning of the learning process that can improve productivity and efficiency.

Conclusion – Analysis and Application

Each organisation has a distinct working style, which a new employee must comprehend. As a result, as a new employee, you must spend the majority of your time observing and learning about the company’s procedures from your superiors, as well as its philosophy, rules, and organisational structure, particularly if you hold a leadership position. 

If you are interested in a leadership position, you should be familiar with the various organisational leadership philosophies. 

Contact the legal experts at Vakilsearch if you require any assistance in understanding the Probation Period.

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