Labour Law Content
Probation Meaning and Legal Provisions
“A probationary period is a stretch of time during which a new or existing employee receives extra supervision and coaching, either to learn a new job or to turn around a performance problem. The probationary period can be as short as a month or as long as a year, depending on the situation.“
¨Employers may require probationary periods for:
¨new employees (in this situation, it might be called an “introductory” period)
¨current employees who are promoted to a new position (particularly if it’s the employee’s first time serving in a supervisory or managerial position), or current employees with significant performance problems.
The process under prevailing legal provision:
¨Probation period as per the Section 16 of the Civil Service Act, 2049, While making fresh appointment to any permanent post of the civil service, such appointment shall be made on probation for a period of Six months in the case of a female civil employee, and one year, in the case of a male civil employee.
¨If his/her performance is not satisfactory during the probation period, his/her appointment may be canceled. The appointment of a civil employee whose appointment has not been so canceled shall be deemed to have ipso facto been confirmed on the expiration of the probation period.
¨Provided that, any employee who has already completed the probation period upon being once appointed permanently to a post in the civil service is appointed to another post and obtains the dispatch letters shall not be required to undergo the probation period again.
Under the Labor Act 2074, the Probationary period is Six months.
¨An appointment letter shall be provided with the name of the post of the worker or employee and his/her remuneration and conditions of service while making such an appointment. Information thereof shall also be provided to the Labour Office.
¨How long probation period of an employing entity will be -see the Writ No. 2866 of Sambat 2062 (Certiorari) decided by Joint Bench of Supreme court comprising of Hon. Justices Balaram K. C and Pawan Kumar Ojha. (Decision No. 7849. Ne.Ka.Pa. 2064).