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Mannadas206
Hi All,
I m working in a IT company where I have completed my probation period, till now my company is not providing me confirmation letter. If i get a offer from another company is it necessary to serve the notice period?
Regards
Manna Das

From India, Delhi
abedeen7
135

Dear Das, If no communication from empoyer side then it is deemed to be as confirmed employee. You have to abide by the clause mention about the termination of services in your employment contract.
From India, Bhubaneswar
vijay_tiwatane@rediffmail.com
Sir,
in our case - he resigned after 06 months (prob complete) no communication of confirmation ,but he is under 03 yrs service contract.
contract says it applicable after probation complete. now he is not confirm as there is no communication.and also free from service contract.
addi- there is no words @ deemed confermation in appointment letter.
please commnt

From India, Pune
tajsateesh
1637

Hello Manna Das & vijay_tiwatane,
Like Shaikh Abedeen mentioned, IF nothing is mentioned reg this aspect, then it is 'DEEMED' that the Probation is completed.
By 'deemed', it means that 'it's understood'--so there wouldn't be any necessity to expressly mention this aspect in the policy/record/letter.

But also, quite a few companies have this aspect clearly mentioned too--though it's not mandatory to do so. Also, another aspect is, some companies have a lower Notice Period during the Probation--NOT ZERO.

So it all depends on the company's overall policy structure. Manna Das needs to checkout what's mentioned in his Offer/Appointment Letter-which is what finally applies to him.

Reg vijay_tiwatane's case, the 'deemed' status holds good. Especially since there's a 3 yr Service Contract.
To the best extent I know, the logic works this way: WHAT IF the employee is found NOT SATISFACTORY during probation? Will he/she be given 'Probation cleared/completed' Clearance? DEFINITELY NO.
So the next step/option--from the Employer's end--will have to be EITHER: (1) an EXTENSION of the Probation period OR (2) removal from service, if the performance has been absolutely horrible [whichever term may be used]. There CAN'T be any other avenue/option possible/available to the Employer. In such cases, usually, the 'negative' news is broken ASAP, for various reasons.
Hope you got the point of 'deemed completion'.

Rgds,
TS

From India, Hyderabad
Prasannakumari
Like to ask one question one employee resigned 7 years back, we settled all except P.F now that too also signed and given, he is asking settlement money and salary for 2 months, is it possible now
From India
Prasannakumari
Like to ask one question one employee resigned 7 years back, we settled all except P.F now that too also signed and given, he is asking settlement money and salary for 2 months, is it possible now
Now he is asking the two months salary we don't have any record, whether he collected the salary or not . how to handle the person

From India
vinu314
Dear All,
In my opinion during the period of Probation termination of the job is not a problem at all. In this period there is no agreement is created between the Employee and Employer..
Vineeth Viswambharan
Cochin

From United Arab Emirates, Dubai
Mannadas206
Dear TS and All, Thanks for ur prompt reply. Actually it’s mentioned in my appointment letter that I will get a letter mentioning that u r confirmed. So what u guys suggest now?
From India, Delhi
tajsateesh
1637

Hello Manna Das,
Your query isn't clear:"So what u guys suggest now?"
Can you pl elaborate?
Do you mean to ask:
1] Can I resign now? OR
2] Can I assume my Probation is cleared now? OR
3] Shall I assume my Probation IS NOT cleared?
If (1): That's your problem--frankly.
If (2): I think Shaikh Abedeen already clarified reg this aspect--that you can assume yourself to be 'deemed' confirmed. However, for your mental satisfaction, you can talk to the HR person in a jovial way: 'I didn't get my Confirmation Letter....does that mean I am being thrown out of the company?' You will get the reply :-)
If (3): Had this been the case, as I already indicated, you would have been informed about it by now...in the most appropriate way by HR.
All the Best.
Rgds,
TS

From India, Hyderabad
V.Janarthanan
1

Dear Ms. Prasanna Kumari,
For Two Months Payment, Kindly cheque with your finance department.
Or else, please see the statutory records that whether it was submitted to Labour Welfare Fund towards Unpaid accumulations.
Or, seek bank support, if he had recieved his previous month salaries through Bank mode.
Thanks.
Jana

From India, Jhajjar
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