Saswatabanerjee
Partner - Risk Management
Malikjs
Gm (hr)

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Dear Sirs,
I am working with multinational company Pune based. I have completed 15 months. Now, I have resigned from the organisation. As per my appointment letter, during probation period, notice period will be 1 month and on confirmation, it will be 3 months. As on resignation date, I have not received my confirmation letter from the organisation i.e. I am still on probation period. I have served notice period 2 months. Now, my HR team is saying, will recover one month notice pay from your F & F. As per my understanding, I am eligible for 1 month notice, still in good faith, I have provided for 2 months.
Request you to guide me or provide your views on whether HR can recover one month notice pay from me or they should relieve me within stipulated time.

Dear
in my view they can recover from your dues ,ofcourse they should give you confirmation letter after 6 months because generally probation is 6 months in private sector.A person presumed to be confirmed after 240 days even not given confirmation and per industrial dispute act 1947.

Confirmation is not automatic and there are enough decisions in law that state confirmation should be given in writing. The exception is if your appointment letter has a clause for automatic confirmation.
Since they have not confirmed you, the notice for probation applies.
The question is of remedy.
Making a legal complain is a time consuming and expensive effort, that affects your future career also. Employers don't like employees who are litigating. Nor will you get time off from court each time the hearing comes up.
This being a MNC, will have a grievance mechanism. So speak to the HR head, tell him you want to leave on good terms but want what is due to you. If he accepts it, good. Otherwise, forget it, and move on. The new job will give you more than what you will lose here

You can search in Google for the cases. You will find the references. Also check the model standing orders of your state as there are procedure clearly stated in this regard
Check out https://indiankanoon.org/doc/28412151/
Specifically check out point 4.
If you check out the corresponding judgements that have been quoted in the judgement to understand the circumstances.
Btw, rules referred to in the judgement summary is central government UPSC rules. But formularies will be your standing orders or model standing orders.

I totally agreed with Mr. Saswata as its clearly mention in Appointment letter about the tenure of probation period as well as term & conditions of probation period along with the confirmation procedure. where the common language is used as - You will continue to be on probation until a letter of confirmation is issued to you in writing.
so until you did not receive any confirmation letter in written , you will be treated as a probationer.
Anyway you can check your Appointment letter regarding the clause of Probation and confirmation.

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