Confirmation Queries? - CiteHR
Industrial Relations And Labour Laws
Labour & Industrial Laws
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I joined a large organization as a lateral. My probation period was given as 12 months. However, I have heard that the company does confirm people with probation period 12 months in 6 months itself "without any consent from the employee'.
Is that heard of before ? Is that correct ? What is the best way to approach this situation (if I dont want to be confirmed)?

Confirming before the actual date or extending probation are very common. Though I have seen people arguing when a probation is extended, I have not come across with a situation where the employee is questioning why he is confirmed !!!!
Confirming or extending the probation depends upon the performance of the employee during the probation period. The Management only is the judge of it and the employee can not question it. Certainly, the employee can refuse to accept an order and step down the company. Just like you can refuse to accept a probation extension letter and submit your papers and leave, you can refuse to accept confirmation letter and leave the establishment. In both the cases the employee will be sending a message that "the company has done something wrong" by extending probation when(the employee) is good enough to be confirmed/ by confirming when (the employee) is unfit to be confirmed but still a learner (delete which ever is applicable)

I acknowledge that it can be the first time you'd have come across such a query ! There may not be many cases of people wanting to move out of the organizations for which, they are too good to be part of.
Secondly, I know that early confirmation can happen on mutual acceptance but my question is that I have seen it happen as a letter issued by company without any approval from employee. Is that legal / acceptable OR is the company trying to use its brand strength to downpower the employee.

For confirming or not confirming no concurrence from the employee is required. It is the management who evaluates the employee and as such the management is not required by law to ask the employee.

Every organization has confirmation policy and base on some criteria they confirm the employees and it is also favorable for employee to be confirmed because he will receive more benefits and rights. When employer is confirming any employee before his probation duration that means management is honoring the employee and his performance and it’s achievement for employee.

There are rare cases where employee works hard and at time of reward he doesn’t want to have it. Taking out of box situation, when employer confirms the employee before his/her probation period then it cannot be implied confirmation from implied confirmation I mean without informing/expressing to employee. Management has to inform this to employee and employee has choice to accept it or reject it but when employee rejects his confirmation then he have to leave the organization because it will be treated as end of contract. (Assuming management will not be happy to keep employee who do not want to associate with the organization)

So if employee doesn’t want to be confirmed then at a time confirmation he must expressly do not accept the confirmation. In India bonded labour is not permitted so if employee doesn’t want to work with employer then no one can force him but if in employment contract there is compensation clause for exit then both the parties have to fulfill it.

White Eagle

Thank you but this contradicts Madhu's suggestion.

>>he will receive more benefits and rights.
Not necessarily. I am looking to quit because I am not happy with the work. I dont know why do some managers look to fill their seats for some irrelevant and blunt projects, cheating on the candidates. I had asked about the project before joining / accepting and I was given a luring picture but the inside story is different. There is nothing to learn... This is not new and there are many managers I have come across in TOP IT companies (Indian and US based); working in these projects for 5-6 months will drain us of our hard-earned skill set that we have acquired (as technology is advancing rapidly) and NO company seems to be concerned to invest in innovation or raising the talent bar... They are far too interested in their profits then anything else.

I am not able to speak this out to the HR as they will bind to organization policies and look for saying 'you need to support the oraganization irrespective of the project you are allocated too.. blah blah blah'

Only request you to suggest me a way to handle this from the legal perspective (if there are any chances) because 'they dont ask for employees acceptance during confirmation and I'm only looking to quit from here asap.


The query is strange.
Generally, confirmation will be made only after performance is assessed & period of assessment will be mentioned in Order of appointment.
Your had "given consent" while accepting the order of appointment of probationer which would have clause that "your service will confirmed on satisfactory completion of probation period". Hence no further consent is required.

Your had "given consent" while accepting the order of appointment of probationer which would have clause that "your service will confirmed on satisfactory completion of probation period". Hence no further consent is required.
>>Yes, and I've written that the probation was 12 months; its only 6 months now. There is still 6 months more for completion of probation.
Does it still sound strange ?

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