The Article 37 of the
Law stipulates that the period of probation can be for a maximum period of six
months. An employee or the employer can terminate the employment contract at
any time during the probation period without the employer being liable to pay
the end of service gratuity or the employee compensation for damages.
All wages and benefits
during the probation period should be paid along with repatriation costs,
provided, the termination of employment contract is at the behest of the
employee.
On completion of the
probation period, it will be considered as an employment with the employer, and
the employee will be considered for calculating gratuity and other terminal
benefits. However, the end-of-service gratuity or compensation in lieu of notice
need not be paid by the employer during the probationary period. Probation is
not compulsory, and is left to discretion of parties to agree upon the actual
term of probationary period.
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