📷 Image: Wikimedia Commons / Subhashish Panigrahi
Jobs & Career
Probationers Classified as Employees Under RPwD Act, Termination for Disability Unlawful
✍️ Live Law
🗓 04 Aug 2026, 01:03 PM
👁 1
A recent ruling declares that probationary employees are covered by the Rights of Persons with Disabilities Act, protecting them from termination if they acquire a disability during probation.
The Supreme Court of India has clarified that individuals on probation are legally considered employees under the Rights of Persons with Disabilities (RPwD) Act, 2016. The ruling states that a probationer who acquires a disability during the probation period cannot be terminated solely on that basis.
Under the RPwD Act, employers are required to provide reasonable accommodation and cannot discriminate against persons with disabilities. By extending this protection to probationers, the court ensures that new hires are not penalised for health conditions that arise after they join the organization.
The decision follows a petition filed by a group of disabled workers who argued that probationary status should not exempt employers from their statutory obligations. The court’s judgment reinforces the principle that employment rights apply from the moment of hiring, regardless of probation status.
Employers are advised to review their probation policies and ensure compliance with the RPwD Act. Failure to do so could result in legal challenges and potential compensation claims.
The ruling is expected to influence HR practices nationwide, prompting companies to adopt more inclusive onboarding procedures and safeguard the rights of all employees from the outset.
Under the RPwD Act, employers are required to provide reasonable accommodation and cannot discriminate against persons with disabilities. By extending this protection to probationers, the court ensures that new hires are not penalised for health conditions that arise after they join the organization.
The decision follows a petition filed by a group of disabled workers who argued that probationary status should not exempt employers from their statutory obligations. The court’s judgment reinforces the principle that employment rights apply from the moment of hiring, regardless of probation status.
Employers are advised to review their probation policies and ensure compliance with the RPwD Act. Failure to do so could result in legal challenges and potential compensation claims.
The ruling is expected to influence HR practices nationwide, prompting companies to adopt more inclusive onboarding procedures and safeguard the rights of all employees from the outset.