Last updated: 5 November 2026
- What probation means and why companies use it
- Typical probation and notice by company type
- 5 worked examples: notice pay, leave, joining bonus
- What the law says (and what it doesn't)
- Extensions, termination and your rights
- Email templates: review request, extension, resignation
- What to do if something goes wrong
- Typical probation in private companies: 3–6 months; some senior or banking roles use 6–12 months.
- Notice during probation: usually 7–30 days, against 30–90 days after confirmation.
- Probation counts as continuous service for gratuity (5 years, or 1 year for fixed-term staff).
- The four labour codes were notified on 21 November 2025; final wages are due within 2 working days of exit (Code on Wages, s.17(2)).
- Post-employment non-compete clauses are generally void under Section 27 of the Indian Contract Act.
Sources: Code on Wages, 2019; Code on Social Security, 2020; Indian Contract Act, 1872; typical appointment letters reviewed by Weekday.
Day, Weekday's free AI job agent, quietly finds jobs that match your skills and pay, and applies when you say yes. On WhatsApp.
Say hi to Day on WhatsAppHow Day works →What probation really means
Probation is a trial run written into your offer or appointment letter. For the first few months you are a full employee: you get your salary, PF and the protection of workplace laws. What changes is how easily either side can end the relationship. Notice is shorter, some benefits may start only after confirmation, and your manager is expected to formally review you before the end date.
Probation ends in one of three ways: you are confirmed (best case, usually by letter or email), the probation is extended for a fixed time, or the employment is ended by either side with the probation notice. If your contract says probation ends automatically, silence after the end date usually means you are confirmed. If it says confirmation must be in writing, you may stay on probation until a letter is issued, so read that line carefully.
Typical probation and notice by company type
| Company type | Usual probation | Notice during probation | Notice after confirmation |
|---|---|---|---|
| Early-stage startup | 3 months (sometimes none) | 7–15 days | 30 days |
| Funded startup / product company | 3–6 months | 15–30 days | 30–60 days |
| Large IT services company | 6 months | Often 30 days or less | 60–90 days |
| MNC / GCC (global capability centre) | 3–6 months | 15–30 days | 60–90 days |
| Private bank (officer roles) | 6–12 months | Often 30 days | 30–90 days |
| Public sector bank officer (PO) | Usually 2 years | As per service rules | As per service rules |
| Sales / BPO / retail frontline | 3–6 months | 0–15 days | 15–30 days |
| Senior leadership (VP and above) | 6 months or none | 30–60 days | 90 days or more |
These are patterns we see in Indian offer letters, not legal limits. Your own appointment letter overrides any table.
5 worked examples
1. Resigning during probation without serving full notice
Example 1
Gross monthly salary: ₹60,000 Probation notice: 15 days Days you actually serve: 5 Shortfall: 10 days Per-day rate (gross ÷ 30): ₹2,000 Notice pay recovery: 10 × 2,000 = ₹20,000 If your contract uses basic pay (₹30,000) instead: 10 × (30,000 ÷ 30) = ₹10,000
Always check whether recovery is on gross or basic pay. The contract decides, and the difference here is ₹10,000.
2. Employer ends your probation
Example 2
Gross monthly salary: ₹45,000 Contract says: 7 days' notice or pay in lieu Employer asks you to leave the same day Pay in lieu of notice: 45,000 ÷ 30 × 7 = ₹10,500 Plus salary for days worked in the month, and any earned leave the policy pays out
3. Leave earned during probation
Example 3
Annual paid leave: 18 days → 1.5 days per month Months completed: 4 Leave earned: 6 days Leave already taken: 2 days Balance: 4 days If the policy pays unused leave at basic ÷ 30 and basic is ₹25,000: 4 × 833.33 = ₹3,333
Some companies credit leave monthly from day one; others let you take leave only after confirmation but still count it. If your letter is silent, ask HR how leave accrues during probation.
4. Joining bonus clawback
Example 4
Joining bonus paid: ₹1,00,000 Clause: repay if you leave within 12 months You leave after: 5 months Full clawback: ₹1,00,000 Pro-rata clawback: 1,00,000 × 7 ÷ 12 = ₹58,333 (only if the clause says pro-rata)
5. Probation extended: new dates
Example 5
Joined: 1 June 2026 Probation: 6 months → ends 30 November 2026 Extension: 2 months → ends 31 January 2027 Confirmed notice: 60 days (applies only after confirmation) Notice if you resign on 15 January 2027: still the probation notice, e.g. 30 days
What the law says (and what it doesn't)
There is no single Indian law that fixes probation length for all private companies. The rules come from a mix of your contract, company policy and a few laws that apply in specific situations:
| Source | What it covers | How it affects you |
|---|---|---|
| Your appointment letter | Length, extension, notice, leave, confirmation process | The main document. Keep a signed copy. |
| Standing orders (Industrial Relations Code, 2020) | Service conditions in larger industrial establishments | May set probation terms for workers in factories and similar units; check if your employer has certified standing orders. |
| State Shops and Establishments Acts | Hours, leave and, in some states, termination notice for office and shop staff | Rules differ by state; some require notice or pay in lieu when an employee is let go. |
| Code on Wages, 2019 | Payment of wages, including final dues | Final wages within 2 working days of exit, even during probation. |
| Code on Social Security, 2020 | PF, ESI, gratuity | PF usually applies from joining; probation counts towards gratuity service. |
| Indian Contract Act, s.27 | Restraint of trade | Non-competes that stop you working after you leave are generally void. |
Courts have generally said that a probationer has no automatic right to confirmation, but a termination still has to follow the contract and be free of malice or discrimination. If you are let go on grounds that look like misconduct rather than plain unsuitability, some courts have expected a fair inquiry. These are general patterns, not legal advice; for a real dispute, speak to a labour lawyer.
Your rights during probation
| Right | During probation? | Notes |
|---|---|---|
| Full salary as per offer | Yes | Probation is not unpaid training |
| PF and ESI | Usually yes | Subject to wage limits and eligibility |
| Paid leave | Usually accrues | Some firms restrict use until confirmation |
| Health insurance | Often from day one | Some firms start it after confirmation |
| Gratuity service | Counts | Probation months are part of continuous service |
| Protection from harassment (POSH) and discrimination | Yes, from day one | No probation exception |
| Notice or pay in lieu if let go | Yes, as per contract | Even if short, the clause must be followed |
| Relieving and experience letter | Usually yes | Ask for it in writing before your last day |
How to pass probation (a 90-day plan)
| Period | Focus | Proof to collect |
|---|---|---|
| Days 1–15 | Learn tools, people, processes; agree goals in writing | Email from manager listing 3–5 goals |
| Days 16–45 | Deliver one early win; ask for feedback | Short update email with results |
| Days 46–75 | Own a piece of work end to end | Metrics, customer or team feedback |
| Days 76–90+ | Request the review before the end date | Summary of goals vs results |
Email: asking for your confirmation review
Hi Rohit, My probation ends on 30 November. Could we book 30 minutes in the week of 17 November for my review? Here is a quick summary against the goals we agreed in June: 1. Close 40 support tickets a week – averaging 46 since August 2. Build the refund dashboard – live since 12 September, used by 4 teams 3. Learn the billing system – handled 2 escalations end to end I'd value your feedback on what to focus on next. Thanks, Priya
If your probation is extended
An extension is not a firing. Many people are confirmed after one. Ask for three things in writing: the specific gaps, the new end date, and what success looks like by then.
Email: responding to an extension
Hi Rohit, Thank you for the feedback today. To make sure I meet expectations by the new date, could you confirm in writing: 1. The areas I need to improve (I noted: report accuracy and response time) 2. The new probation end date (31 January 2027) 3. The measures you'll use to decide confirmation I'll share a progress note every two weeks until then. Regards, Priya
Resigning during probation
Resignation email during probation
Subject: Resignation – Priya Sharma (Emp ID 20871) Dear Rohit, I am resigning from my role as Support Analyst. As I am on probation, my notice period is 15 days as per my appointment letter, which makes my last working day 20 November 2026. I will complete the handover of my open tickets and the refund dashboard before then. Please let me know the exit formalities. Thank you for the opportunity. Regards, Priya Sharma
If something goes wrong: dispute steps
| Problem | Step 1 | Step 2 | Step 3 |
|---|---|---|---|
| No confirmation letter after the end date | Email HR asking for status | Check the contract: automatic or written confirmation? | Escalate to HR head; keep emails |
| Terminated without the notice in your contract | Ask HR in writing for notice pay | Cite the clause and date | Approach the labour department or a lawyer |
| Final salary not paid | Email HR citing the 2-working-day rule | Follow up after 7 days | File a complaint with the labour authority |
| Asked to repay full training cost | Request the signed bond and calculation | Negotiate pro-rata | Courts usually allow only reasonable, proven costs |
| Relieving letter withheld | Request it by email after handover | Escalate to HR head | Legal notice if it blocks a new job |
Next reads: what a notice period is and how buyouts work, what to check in your offer letter and how full and final settlement works.
FAQs
What is the meaning of probation period in a job?
A trial period at the start of a job, usually 3–6 months in India, after which you are confirmed as a permanent employee.
What is the notice period during probation?
Usually 7–30 days, as written in your appointment letter. The longer confirmed notice period applies only after confirmation.
Can I resign during probation?
Yes. Serve the probation notice in your contract, or ask for early release. A shortfall may be recovered from your final settlement.
Can a company extend probation?
Yes, if the contract allows it. Extensions are usually 1–3 months. Ask for the reasons, new end date and goals in writing.
Can a company terminate me during probation without notice?
It should follow the notice or pay-in-lieu clause in your contract. If it doesn't, ask HR in writing for notice pay.
Do I get PF during probation?
Usually yes. PF applies from joining, subject to wage limits and eligibility.
Does probation count for gratuity?
Yes. Probation is part of continuous service for gratuity.
Do I get paid leave during probation?
Leave usually accrues during probation, but some companies let you use it only after confirmation. Check your leave policy.
What if I don't get a confirmation letter?
Check whether your contract says confirmation is automatic. If it needs a letter, email HR for a status update and keep a record.
Is a non-compete valid if I leave during probation?
Post-employment non-competes are generally void under Section 27 of the Indian Contract Act. Confidentiality and non-solicitation clauses can still apply.
