Probation in employment contracts refers to a temporary period
during which an employer evaluates a newly hired employee's
performance, suitability, and fit within the organization before
confirming permanent employment. During this period, probationary
employees do not receive statutory benefits typically available to
regular employees, such as provident fund contributions, gratuity,
insurance, etc. However, they are entitled to essential protections
against discrimination and harassment. Recent case studies show
that few employers tend to include unfair terms in probation
clauses, potentially exploiting probationary employees who
generally have less bargaining power than employers. Therefore, it
is crucial to analyse this concept in India in terms of legal
sanctity and enforceability, identify any gaps, and propose
solutions to safeguard the rights and interests of probationary
employees.
