1) Some states require that the employer prepare an appointment order for new hires, although this is seldom observed. There are no direct laws dealing with probation on a general basis in India, which is, however, a common practice. The (federal) Industrial Employment (Standing Orders) Act1946 (which is applicable to workmen), provides for a probationary period of up to three months. Certain states have built in the probation concept indirectly into their local laws, which ranges from three to six months. Ideally, a probation period should not exceed 240 days, as several statutory social welfare laws apply to employees who have worked for such period. The Industrial Disputes Act 1947 (applicable to workmen), prescribes that if certain terms of service change, notice must be given to the employee. It also prescribes requirements for termination for convenience, including notice and compensation.
2) If your employer is not paying your salary, you can get these remedies.
A) Approach Labour Commissioner:
If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
B) Industrial Dispute Act:
i) An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.
ii) When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.
iii) In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.
iv) The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.
v) If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act