A probation period is a trial phase, usually 3 to 6 months, when the employer assesses your performance before confirming you as a permanent employee. You are paid the salary agreed in your offer letter, leave rules depend on company policy (some restrict paid leave), and the notice period is usually shorter than after confirmation. Probation can be extended if performance needs improvement, and you receive a confirmation letter once it's completed.
📜 What Is a Probation Period?
Almost every Indian company puts new employees on probation for the first few months. It's a two-way trial: the company checks your skills, attitude and fit, and you get to see whether the role and workplace suit you.
The exact rules — length, leave, notice and confirmation — are set out in your offer letter, appointment letter and HR policy. There's no single law that fixes one probation length for every private company, so always read your documents.
⚖️ Probation vs Confirmed Employee
| Aspect | During probation | After confirmation |
|---|---|---|
| Length | Typically 3–6 months | Permanent |
| Salary | As per offer letter (often the same) | Same or revised |
| Paid leave | May be limited or accrue only after a period | Full leave entitlement |
| Notice period | Usually short (e.g. 7–30 days) | Usually longer (e.g. 30–90 days) |
| Performance reviews | Frequent | Regular cycle |
| Benefits | PF and ESI (if applicable) from day one | Full benefits as per policy |
💰 Salary and Leave During Probation
✅ Confirmation — and What If It's Extended?
🚪 Resigning During Probation
| Question | Answer |
|---|---|
| Can I resign during probation? | Yes. Follow the notice period in your offer letter for the probation stage |
| Notice period? | Usually shorter during probation — often 7 to 30 days |
| Can I buy out the notice? | Many companies allow paying salary in lieu of notice, if your contract permits |
| Final settlement | Under the Code on Wages (in force since 21 Nov 2025), wages due must be paid within two working days of resignation* |
| Experience letter | Request a relieving and experience letter even for a short stint |
*Practices for full and final settlement are still evolving; check with HR how your company applies this rule. Bonds, joining bonuses and other clauses in your contract may also apply.
⚖️ Your Rights Under the New Labour Codes
India's four labour codes came into force on 21 November 2025. Among other changes, they make appointment letters mandatory and require wages due to be paid within two working days of resignation or termination. They don't set a single probation length for private employers — that still comes from your contract, company standing orders and HR policy.
- Probation is a trial period, usually 3–6 months, before confirmation.
- Salary is as per offer letter; leave rules depend on company policy.
- Notice period is usually shorter during probation; probation can be extended with feedback.
- PF and ESI (where applicable) normally apply from day one.
- Labour codes (in force since 21 Nov 2025) require wages due within 2 working days of resignation.
