A probation period in India typically runs 3 to 6 months — now standardised at 6 months for the services sector under the newly notified Model Standing Orders 2026 (notified May 8, 2026). During this time your employer can terminate without detailed justification, but not without limits. You keep all core statutory rights from day one: minimum wages, PF, ESI, and maternity protection. And once you cross 240 days of continuous service — even still on probation — an employer must give you one month’s written notice or pay in lieu before letting you go.
How Long Is a Probation Period in India?
Most employment contracts set probation at 3 to 6 months. The new Model Standing Orders, 2026 — notified by the Ministry of Labour and Employment on May 8, 2026 under the Industrial Relations Code, 2020 — prescribes a standard probation of 6 months for the services sector, with a possible 3-month extension based on performance assessment. That covers most IT, ITES, BPO, retail, logistics, and private sector office roles.
Manufacturing and mining sectors have their own model standing orders under the same notification. If your appointment letter specifies a different duration, that document governs, provided it doesn’t breach statutory minimums.
Can probation exceed 12 months? Technically a contract can say that, but courts have consistently ruled against it. In State of Punjab v Dharam Singh (1968), the Supreme Court made clear that probation cannot be extended indefinitely without reason. If you have been on “extended probation” for over a year with no confirmation or written extension with documented performance reasons, a court may treat you as a confirmed employee.
Your Rights During Probation — The Things Many Employers Don’t Tell You
Being on probation does not mean being on trial with no protections. Here is what applies from your first working day:
Minimum wages: The Code on Wages makes no distinction between probationers and confirmed employees. Your employer cannot pay you below the applicable floor wage for your sector and state. The national floor wage for 2026 stands at ₹176 per day (revised annually by the Ministry of Labour).
Provident Fund (EPF): If your employer has 20 or more employees, PF contributions are mandatory from month one. Your employer contributes 12% of basic wages; so do you. Probation status does not delay this.
ESI coverage: If your employer falls under the Employees’ State Insurance Act and your gross salary is below ₹21,000 per month, you are entitled to ESI medical and sickness benefits from the start of employment.
Gratuity accrual: Gratuity begins accruing from day one under the Payment of Gratuity Act, though you can only claim it after completing five years of continuous service. If you are terminated before five years, you will not receive gratuity — but the accrual clock starts immediately.
Maternity leave: The Maternity Benefit Act, 1961 applies even during probation. If you are a woman and become pregnant during your probation period, your employer cannot terminate you for that reason. You are entitled to 26 weeks of paid maternity leave (for the first two children) regardless of whether your confirmation has been issued.
The 240-Day Rule: When Probation Becomes Harder to End
This is the most misunderstood rule in Indian employment law, and it matters significantly if your probation has been dragging on.
Under Section 25-F of the Industrial Disputes Act, 1947, an employer who wants to terminate a workman who has completed 240 days of continuous service must:
- Give the employee one month’s written notice with reasons, or pay wages for the notice period in lieu.
- Pay retrenchment compensation at the rate of 15 days’ average wages for each completed year of service.
The 240-day count includes your probation period. So if you joined in January and your employer tries to end your service in September without notice or compensation, they are in violation of the IDA — regardless of what your contract says about probation.
One caveat: the IDA’s Section 25-F applies to “workmen” — broadly interpreted to cover most non-managerial roles. Senior managers and executives may not fall under this protection. If you are in a supervisory or managerial role, your rights depend more on your contract terms and common law principles.
Termination During Probation: What Is and Isn’t Legal
Employers in India have more flexibility to end employment during probation than they do after confirmation. They do not need to conduct a formal inquiry or produce detailed performance documentation — unless your employment contract requires it, or unless model standing orders adopted by your employer mandate a procedure.
That said, termination during probation is not a blank cheque for employers.
Illegal grounds for termination:
- Pregnancy or maternity: Terminating a woman because she is pregnant violates the Maternity Benefit Act and Article 14 of the Constitution. Multiple High Court judgments have restored women terminated during probation on discovery of pregnancy, with back wages.
- Gender, caste, religion, or union activity: Discriminatory terminations can be challenged under the Equal Remuneration Act, the Industrial Disputes Act, and constitutional provisions.
- Whistleblowing: If you raised a complaint about workplace harassment (POSH) or a safety violation and were subsequently terminated, the termination can be challenged as victimisation.
- Violation of natural justice: Even probationers cannot be dismissed for alleged misconduct without being given a chance to respond, particularly in public sector or government-adjacent roles. Several High Courts have extended this principle to private sector terminations linked to specific allegations.
What employers can legally do:
- Terminate for performance reasons without a formal inquiry, as long as the probation period has not expired and 240 days have not been completed.
- Terminate with shorter notice than a confirmed employee (typically 7–30 days during probation, as specified in the contract, compared to 30–90 days post-confirmation).
- Extend probation once, with written communication and documented performance concerns, for up to 3 months — but not indefinitely.
Notice Period During Probation: How Long Is It?
Standard notice during probation in India runs 7 to 30 days, determined by your employment contract. The services sector Model Standing Orders 2026 does not prescribe a fixed probation notice period, so your appointment letter is the controlling document.
If your contract is silent on notice during probation, general practice in Indian courts has been to apply a “reasonable notice” standard — typically 15 to 30 days.
For employees at larger IT and services companies, the notice is often 30 days even during probation. Startups and smaller firms commonly use 7 to 15 days. In both cases, the employer can pay you in lieu of notice (a garden leave buyout) rather than requiring you to serve the period.
If you want to resign during probation: You are fully entitled to do so. Serve the notice period in your contract, return company property, and request a relieving letter and experience certificate. An employer cannot withhold your relieving letter as a penalty for leaving during probation — this is a common pressure tactic that courts have ruled against.
Confirmation: What Happens When Probation Ends?
Many employees assume they automatically become permanent employees when the probation period lapses. Under Indian law, this is not true.
Your employer must issue a formal confirmation letter in writing. Without it, your employment status remains technically probationary, even if you have been working for 12 months.
However, the absence of a confirmation letter cuts both ways. Courts, including the Supreme Court in several cases, have held that where an employer fails to confirm or extend probation in writing, and the employee continues to work, the employee may be deemed confirmed by conduct. Employers cannot sit on a lapsed probation and later use the “you were still on probation” argument to deny rights.
What to do if your probation is ending and you have heard nothing:
- Send a written email to HR asking for your confirmation status.
- Keep a record of this communication.
- If no response after 30 days, follow up formally.
- If you are let go after the probation period lapses without a written extension or confirmation, you may have grounds to challenge the termination as that of a confirmed employee.
Women on Probation: Additional Protections Worth Knowing
At ePeople India, we focus specifically on workforce rights for women — because the data shows women face disproportionate probation-period risks.
A 2024 survey by the Centre for Monitoring Indian Economy found that women are more likely than men to face non-confirmation at the end of probation, particularly after taking leave for family reasons. While this data is from 2024, the pattern has not materially changed.
What the law says clearly:
- You cannot be denied confirmation because you took maternity leave during probation.
- You cannot be denied confirmation because you filed a POSH complaint during probation.
- Your probation cannot be extended as a pretext for avoiding maternity obligations.
If you believe your non-confirmation is linked to any of these factors, document everything. An email trail, WhatsApp messages, and witness accounts all constitute evidence in a labour court.
Frequently Asked Questions
Can I be fired during probation without any reason? For the first 240 days and for non-discriminatory reasons, yes — your employer can end probation-period employment without a detailed explanation. After 240 days, they must give one month’s notice or pay in lieu, and pay retrenchment compensation.
Does PF get deducted during probation? Yes. If your employer is covered under the EPF Act (20+ employees), PF deductions begin from the first month of employment, probation or not.
Can my employer keep extending my probation indefinitely? No. Courts have consistently held that indefinite extensions are impermissible. A single extension with written notice and documented reasons is acceptable; beyond that, you may be deemed confirmed.
Am I entitled to sick leave and earned leave during probation? This depends on your state’s Shops and Establishments Act and your company’s HR policy. Many companies do not grant earned leave during probation, which is generally permissible — but you accrue the days and they become available on confirmation. Sick leave entitlements vary by state.
My employer refused to give me a confirmation letter even though probation ended. What can I do? Send a written request by email, keep a copy, and give the employer 15 days to respond. If no response or refusal, you can file a complaint with the labour commissioner in your state or seek legal advice. Continued employment after a lapsed probation without written extension is strong evidence of deemed confirmation.
Can I be fired for raising a POSH complaint during probation? No. Retaliation against a POSH complainant is a separate offence under the Sexual Harassment of Women at Workplace Act. A termination that follows closely on a POSH complaint will receive judicial scrutiny and is difficult for employers to defend.
The Bottom Line
Probation is not a period of suspended rights. From your first day, you are entitled to minimum wages, PF, ESI, and maternity protection. After 240 days of continuous service, termination requires notice and compensation. Indefinite extensions are illegal. And no employer can fire you for being pregnant, filing a POSH complaint, or raising a legitimate workplace concern.
If you are unsure whether your employer is handling your probation lawfully, put your concerns in writing and keep a record. The paper trail is often the only evidence you have — and in Indian labour courts, it carries real weight.
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