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SALARY PAYMENT IN Indian Rupee (INR)
CONTRACT LANGUAGES Hindi / English
PAYROLL TAX 16.75%
PAYROLL CYCLE Monthly
TIME TO HIRE 12 hours
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Employees in India usually complete a probation period when they begin employment. During their probationary periods, employees are not entitled to the same rights and benefits that an employee who has passed their probation period would be.
In India, a probation period is a trial phase for new employees where employers can evaluate their suitability for the job. Probation periods are not legally required, but they are a common practice. Their typical duration ranges from 3 to 6 months.
The probation period for most central government jobs in India is two years, including jobs with the Union Public Service Commission (UPSC) and the Staff Selection Commission (SSC).
During the probation period, either the employer or the employee can terminate the employment with shorter notice than would be usual for confirmed employment.
Probation periods in India are directly linked to the employment contract. This contract, whether a formal document or an offer letter, should explicitly outline the terms of the probationary period.
This includes its duration, the possibility of extension (if applicable), and the specific conditions for either confirming the employee in the role or terminating their employment. Common types of employment contracts in India include fixed-term contracts for a specific duration and permanent contracts for ongoing employment.
It’s important to note that while probation periods are common practice, they are not mandated by Indian labor laws. Their inclusion, terms, and the rights of both the employer and employee during this period are all governed by the mutually agreed-upon employment contract.
Probationary employees in India possess a set of fundamental legal rights. While they don’t have the same level of protection against termination as permanent employees, they cannot be dismissed arbitrarily. Employers must follow due process and provide a valid reason for termination, such as unsatisfactory performance or misconduct.
Importantly, probationary employees are entitled to several key protections. These include the right to receive their agreed-upon salary, statutory benefits like sick pay, protection against discrimination and harassment, and the right to form or join unions. Additionally, companies must provide a notice period before termination, even during the probation period, unless there’s a case of gross misconduct.
During a probationary period in India, employers have specific legal obligations they must adhere to. Employers are legally required to:
Additionally, they must adhere to the following requirements:
Probation periods benefit both employees and companies by:
Here are some best practices for managing employees during probationary periods:
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Employers do not have to give an employee any notice if they want to terminated their contract during the probationary period.
Employees do not have to give any notice to resign from their role if they are still on probation with a company.
The standard probation period for a new employee is around 3 to 6 months. There is no mandated requirement for probation periods. It is up to the employer upon the initial offer if an employee will undergo a probation period.
An employer can extend a probation period for up to 2 years.
Employers can terminate an employee during a probation period with no reason, notice or compensation.
An employee can resign from their position if still on probation without a reason, notice or with the expectation of receiving compensation.
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71 Robinson Road #13-153
068895, Singapore
+65 3105 1170
Skalitzer Str. 85/86
10997, Berlin
+49 30 3119 9653
1700 S. Lamar Blvd Suite 338
Austin, Texas 78704
+1 (737) 265-6065
See more locations
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