How long probation of an employee can be extended?

Hey Community, Is their any timeline for the probation of an employee as per the statutory Compliance ?

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Hi,

There is no statutory obligation but after 1st extension of 3 months you should not extend it further.

Also if during Probation Period, you are not sure or satisfied with the employee’s performance then you should not waste either employee nor employers time. It is always advised to depart as early as you realised it is not working between.

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Hi Ankit, do we have an option to immediately terminate an employee without notice if we feel that he is unfit for the job anytime during probation?

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I agree with Ankit. Just want to add… probation period differs from company to company, based on the complexity of the job roles, etc. It can vary between 3 months to 6 months. In case of 3 months, according to me it can be extended to a max. of another 3 months, as that should be a good time to take a final call. This extension is given if the managers feel there could be a possibility of improvement.

In case of 6 months, I think extension should not be given, unless some unavoidable circumstances, like employee was on leave for a long period due to any unforeseen event. However, all these are completely on the organization.

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Though this question is for Ankit, yet sharing my view as well. During probation period, it is performance that is observed, hence, it is important to give feedback at regular intervals and document the same. One can deconfirm , preferably not before close to the end of probation period-In case of 3 months probationary period, post 4 + months in case of 6 months probationary period.

Please ensure HR, along with Manager has a discussion with the employee- where Manager provides the performance feedback, with sufficient data and decision of non-confirmation and HR explains the process. Employee can be asked to resign and exited in a day or two. Extra/severance/notice payout to employee would be based on Organization’s policy and agreement.

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Hi @Mugdhavn13

Termination during Probation Period will depend on T&C’s of the appointment Letter. Timely Feedback & Communication between Employee & His Manager is very important and don’t wait till end of 6 months. As an HR it is your responsibility to speak to Manager & Employee frequently.

Some companies keep it 15 Days as Notice Period during Probation Period.

Just to help PFA draft Checklist for Termination process so your documentation is always strong enough to support your decision.

Checklist for Termination.docx (19.6 KB)

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Thanks for sharing a checklist for Termination under the grounds of Poor performance / Other work ethic violations. It is really helpful.

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Hey Ankit,

Thank you for your reply. It is really helpful. And thanks for sharing the checklist.

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