Retired Government Servant/advocate
Private Consultant On Labour Laws
+5 Others

Hi All,
I had some concern I felt I should discuss with you all here. I joined my present company in June, while my interview discussion and at the time of joining as well I was offered a 2 month probation period. In my offer letter its clearly mentioned that I will have 2 months probation period. I have not received my appointment letter yet, but as HR confirmed that now the management has decided to make my probation period to 6 months. This was without any prior discussion with me. Since I have not yet received my appointment letter what are the steps I can take?
As mentioned by Nathrao, an employer can increase the probation period of any/all employee(s) even after joining as a change in policy or extension of probation looking at the performance of the said employee. The employee has not to be discussed for this.
During Probation the employee is at will to leave their job if they want to without giving any notice or reason thereof.
Hello Kavita,

I hope you will agree with me that there is always a difference between offer and appointment letter. An appointment letter has force of law to claim certain sevice conditions as enshrined therein. Since you are not in possessioned of the the appointment letter, your protest and naming some persons at this moment, does not hold water.I must inform you that most of the apoontment letters always carry "Six Months" probation period. Two months is hardly a sufficient period to understand your performance,temperament, attitude towards work etc. Even the model standing orders specifies probation period of six months,which can be extended by a period of another three months at the discreation of the management, if necessary to adjudge the work and merit of a person.However the maxium probation period shall not be extended beyond one year.

I suggest please donot protest rather show them your performance so that you get a good start after completion of your probation. However you must insist them to issue you the appointment letter mentioning therein clear terms and conditions.

BS Kalsi

Dear Kavita,
Either you do whatever they want or leave this company and look for a new job. Because either they doesnt like your work or may be performance. Or if you feel its a good reputed company as well as see really it happen with all new joinee or it happen only on you.
yes Kavita. i guess they are not happy with your performance. so better you discuss with HR or leave
First of all, please collect your appointment letter, since you haven't collected the appointment letter since your DOJ. they can change and provide you the probation period. and i have few doubts.. generally the probation period is six months across the industry and i think you have wrongly guided.. first clarify the above said..
still if your probation period is 2 months, check with your HR regarding your performance review. the reason for performance review is, if you are going to escalate to the management.. they can still say that performance is not good..
discuss with your immediate supervisor regarding your performance, if you think still you are not convinced, look for profile change.. you cant take any legal steps for it..
` Venkatakrishnan
In my view, terms of Appointment letter is valid. But in your case, u have not received appointment letter so take up the same to your immidiate boss. Secondly You have to ensure that the company regular practice. then only take the appropriate decision.
It is my considered opinion that the query is misconceived, based on mere hearsay. It is impossible that the probation period could be two months.
I thank everyone for answering my query. Few clarifications and updates as follows:-
1- I showed my concern as well when it was told to me that my probation will be of 2 months, as I know that doesn't sound right. But in-spite of my concern I was given offer letter showing 2 month's probation period.
2- Its a small co. with pan India presence and growing at a very fast pace, and the directors told me they are very happy with my work, but..
3- Recently they have hired a much senior project manager and his probation is 6 months, so ethically they cannot give me 2 months probation just because of this particular reason my probation got extended.
I fail to understand the connection. But anyways I didn't take this news negatively. The importance of probation in this company reflects only in leave policy.
Please suggest, do I need to give my offer letter back? They haven't asked me yet though.
Thanks everyone!!
The company cannot give the senior manager a longer probation period compared to junior staff.
So they probably want to keep same period for all.
There should be no harm in accepting this.
Anyway there is no alternative to accepting 6 month probation period.
Dear Kavita
You have already joined the company, after joining you cannot give back your offer, the policy can be amended.
The offer given two months back cannot be revoked and a new offer can be given after two months of joining the company.
Hello Kavita,
There in no question of giving back the offer letter to the company rather you insist them to issue an appointment letter mentioning therein the terms and conditions of service applicable to you, they will certainly be mentioning there the period of probation.
BS Kalsi
I think you have to think on this topic seriously, If you return your Offer letter that means you resigned from company which affect your company. If your Profile is good the company does not matter its small company or MNC. Talk with your Hr and then any decision.
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