Labour Laws & Ir
KRISHAN KUMAR TYAGI
Corporate Hr Head
So then once the employee joins the organization the details of appointment letter including probation etc is set out. There has to be unity of service condition.Even while on probation the probationer doesn't work or is not expected to work less than any confirmed employee.So then there can not be two different sets of service conditions. I do not know know are the benefits extended to probationer after confirmation.
For instance weekly offs / Paid holidays/Uniforms if applicable in the co/Canteen / transport facility/including certain quota of CL/SL depending on the sensitivity of co. would be used alike by the probationer and a confirmed employee.
The real difference would come only in Bonus/ Advances/Loan etc which is ok and understandable. The bonus how ever even the probationer and trainee would be elligble for on prorate basis. The crusk of the matter is what si the philosophy of the organization and what it needs to achieve. Feel free to reach for further clarification if required.
19th February 2007 From India, Mumbai
You can do onething before confirmaiton you can take appraisal form which is filled by his HOD & remark of HRD with the current job profile by this process you can easily take decision on confirmation becouse there is clearly mention about his / her performance.
21st February 2007 From India, Panipat
You have raised two points.
1. It is very much fair not to confirm an employee if his performance during probation period is not good. This is the purpose of probation period. If the performance is very bad, then the employee's services should be discontinued. If there is a possibility of improvement, then probation period can be extended but to extend the probation period, appointment letter should state that probation is extendable by ---months.)
2. For extending probation, timely intimation in writing to this effect is essential.
2nd March 2007 From India, Delhi
I could find any sanctity in issuing of offer letter and then appointment letter. We rcruit an employee after satisfying ourself that we have picked up a good hand and after 'assuming' that the candidate has 100% willingness to join the organisation, appointment letter can be issued stright away. Now the candidate ofcourse has the option ti join or not subsequent to the issue of the appointment letter.
Probation and then confirmation, some companies contrued them as policy issue and some of them in ritualistic fashion. These issues should be handled in two folds. First on psychological focus and second on legal focus. Probation period ( forget about no. period of probation) is period to asess the performance of an employee focusing on how far he/she is able to adopt to the culture of the company, exercise his /her knowledge effectively and in accordance with the business of the organisation, attitude towards the company and as well as towards his/her collegues, self discipline, committment etc.
If the employee is not up to the mark in all parameters then it is logical not to extend the probation period but to wish him farewell. But if the employee lacks in certain parameter wherein HR feels that he could be moulded and a mentoring could do wonders then the probation period can be extended for a limited period for assessment.
the second fold on legal focus, if you engage a employee on probation for more than 240 days and remove him thereafter amounts to retrenchment which needs Govt's approval and you will be opening the pandora box and you will be pegging the issue.
So in nut shell 1. probation for a limited period
2. after the expirtry of the probation period assess the employee with utmost unprejudicial way transperant and sincere and in detail.
3. if the employee could be mented extend the probation or show him the way out.
19th March 2007 From India, Madras
16th December 2008 From Nigeria
The initial soft copy of the offer letter mailed does not mention of any probation period. The employee thus accepts and joins the company. Now the hard copy of the appointment letter provided has a probation period clause.
Is this legal?
4th June 2009 From India, Delhi
Name of the Employee
Dear Mr / Ms
The Management is pleased to confi rm your services in the Company with effect from .............................
All other terms and conditions remain unchanged as mentioned in your appointment letter dated.............................
With best wishes,
cc: Accounts Department
20th October 2009 From India, New Delhi
Our organization is running from many years. But the issue is, all the work is going properly but in there is no perticular department as Personnel Dpt. i'm deputed as Personnel department incharge. kindly help me how can i develop this department and what should i do first. here more than 500 employees are working.
30th December 2009 From India, Bangalore