Touchstone of suitability

The probation period is critical for evaluating an employee's suitability for the role at offer, failing which they can be terminated without extensive legal procedures

The probation period must be taken seriously, else one can be sacked overnight, as it does not involve too many legal provisions.

The period of probation is a test during which the work and conduct of an employee are under scrutiny. If, after assessing the employee's work and conduct, it is found that they are not suitable for the job, it is open for the employer to terminate their services without much legal hassle.

Courts have consistently held that the services of a probationer cannot be equated with those of a permanent or regular employee. If a regular employee is in the government or falls under the "workman" category as defined by the Industrial Disputes Act, 1947 (ID Act), they can be terminated only in accordance with the law.

In other words, they can be dismissed or removed for misconduct, such as nonperformance, only after disciplinary proceedings are conducted in accordance with the relevant rules, which include following principles of natural justice. If there is a need for workforce reduction, employees in the workman category can also be retrenched after following due procedure. However, no such procedures are required in the case of a probationer.