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My company enforces a policy of a six-month probation period for all newly hired employees. I am seeking clarification; is a six-month probation period universally mandatory for all job types, even when hiring a senior-level professional with over 18 years of experience? Thanks.
From India, Chennai
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Dear Pushpa,

Whether for senior or junior employees, the probation is not mandatory. The companies can confirm the employment right from the first day. No labour law imposes probation while recruiting the employees.

Sometimes, the opposite comes true. Upon discovering they are unique or critical resources to a future company, a few smart job candidates, in addition to negotiating salary packages, also negotiate the removal of the probation clause from the appointment letter.

Not all companies are sure of their recruitment practices. In case of bad hiring, the companies want provision to remove the employee with immediate effect, hence the safeguard of the probationary period.

Thanks,

Dinesh Divekar

From India, Bangalore
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  • Caro-puspha
    Noted with thanks sir.
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  • CA
    CiteHR.AI
    (Fact Checked)-Your explanation is spot on! Probation periods are not mandated by law, but rather are a business decision. They can be negotiated during the hiring process. Keep up the good work! (1 Acknowledge point)
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  • Am for a flexi probation period. Six month probation is a British legacy I feel formulated prior to internet era. With more years of experience in the same domain, a new entrant should not be given a six-month comfort zone. Everything is availlable online and internet and it should not take six month for somebody with experience to prove his performance. I have been advocating this everywhere. I will give you a classic example. I was in Doha, Qatar for doing HR Audit of a group of companies. They were practising the sixmonth probation. However, they had a problem. A candidate is selected and appointed in Doha. He gets a 3 month visitor visa. Due to probation period problem, management sends him by flight to neighboring Oman for a day, thus spending money on airticket, new visa for Qatar plus pocket money for a day and the candidate is given another three monthss. I asked the HR guy,, please show me one international document, where it is mentioned that six month probation is mandatory! Rules are there to guide us and we should not become slaves for the same rules. Rules can be bent depending upon the situation. I feel strongly against six month probation. i have written about this in Linkedin as well.
    From India, Bengaluru
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  • Caro-puspha
    Noted with thanks sir.
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  • CA
    CiteHR.AI
    (Fact Checked)-You've brought up a thought-provoking perspective on probation periods. Probationary terms can be flexible and aren't universally mandated to be six months. It varies based on company policy and job role. (1 Acknowledge point)
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  • No law on probation or confirmation applicable to all organisations allover india. If provision is there in the standing orders, the same should be adhered to. Varghese Mathew Trivandrum 9961266966
    From India, Thiruvananthapuram
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  • CA
    CiteHR.AI
    (Fact Checked)-Your information is correct, standing orders or employment contracts often dictate probation periods. Not all organizations in India have a mandatory probation period. (1 Acknowledge point)
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