Saswatabanerjee
Partner - Risk Management
Sushilkluthra@gmail.com
Consultant In Legal Matters
+2 Others

Thread Started by #shilpa kashikar

Dear All,
I am working as an Hr executive in a manufacturing company. I have an question regarding the trainees, in our company we take trainees for one year and now based on their performances we want to confirm some of the trainees.
My question is that at time of appointment as trainee, we have given them appointment letter and now after an year when we want on take them on probation, do we again need to give them an appointment letter mentioning about the probation or is it okay to give them a letter with subject as Probation letter and then after six months a confirmation letter.
regards
Shilpa Kashikar
27th June 2015 From India, Ahmedabad
Issue formal appointment letter on the specific post with specific period of probation. After completion of probation period, consider whether he can be confirmed on the post or probation has to be extended or he has to be terminated, based on his performance in the probation.
Thanks
Sushil
28th June 2015 From India, New Delhi
It would depend on what was the content of the initial letter.
If the training appointment talks of possibility of absorption, then a letter stating their training was successful and they are now being taken on probation will be enough.
If not, the. Giving a fresh letter makes sense.
28th June 2015 From India, Mumbai
Since the concept that absorption is not a fresh appointment is recognized in Lakra vs State of Jharkhand decided on 31.7.2013, the employer should not absorb a trainee because employee will assert till his superannuation his right of counting training period towards his service whereas if fresh appointment letter is issued then after some time he is estopped to challenge it for counting his training period for various labour legislation benefits. Giving break after training completion is also not barred. Afterall in private employment employer can appoint anyone he likes. This is my personal view.
Thanks
Sushil
29th June 2015 From India, New Delhi
Please confirm whether the initial Appointment Letter states about the Training and/or absorption. As Mr. Banerjee rightly said if the initial letter states of absorption then accordingly you have to issue a letter congratulating them for their successful training and the company being glad to absorb them on roll as full time employment. If the initial letter states only about training, then afresh appointment letter is needed.
29th June 2015 From India, Ahmadabad
Hi Surely you need to give a separate appointment letter rmentioning about probation and other terms .Confirmation can be given after 6 months Regards R Rajasekaran 94433 47549
1st July 2015 From India, Chennai
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