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In current Company i completed 6 month probation period , But i dont like there work culture and i got another job . They will give confirmation letter in next week. In Probation i dont have any notice period.
Some query
1. Can i decline this Confirmation letter ?
If i accept my notice period is one month
2. In Confirmation letter my sign is required (acceptance).
3. If they force me to serve 1 month notice period is it legal?. Can i take any legal action against company.
Thanks in advance.

From India, Bengaluru
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant


If the poster is sure that no notice is required for unilateral termination of employment contract by way of resignation during probation period, he may consider doing so forthwith any day before the completion of the 6 month period.Orders of confirmation is a declaration by the employer that the probationer has successfully completed the period of probation and has become a full member of the service and not an offer. Therefore, the question of acceptance of the orders of confirmation from the side of the employee doesn't arise at all.
From India, Salem
In appointment letter they mentioned that probation period may increase, depends on performance.
For confirmation with company after getting confirmation letter I will be confirmed employee.
Please let me know any suggestions for above thread.

From India, Bengaluru

Dear friend,
I think that for reasons best known to yourself, you are a bit confused about your current employment.
In general, it is quite natural at employable age for every one to be constantly on the look out for a better job. At times a bird in the hand is worth two in the bush. Therefore, you should always have a comparative evaluation juxtaposing your innate desire for paid employment and your present job, your job satisfaction and growth potential in the hierarchy of the organization. Employment is only a means for living and not life in itself. However, whatever be the type of employment, whether self employment or paid employment, there are certain basic rules to be scrupulously followed. If you are scared or hesitant to observe the rules, you can not be successful in your career despite your high degree of common intelligence or employability. Work culture in Govt. organizations and private sector are totally different. Even in private sector it is not one and the same in every organization. You must have adaptability. You might have heard the proverb:" If the mountain will not come to Mohammed, Mohammed will go to the mountain " which simply means that if things are not going your way, you will have to adjust the way they are.
In particular to your present dilemma, if you are certain about the alternative job, leave the present one before you are confirmed; in case some time is required before which you are likely to be confirmed in the present job, then be prepared to serve the notice period or buy out it in order to make your separation formal and peaceful.

From India, Salem
Nagarkar Vinayak L

Dear Colleague,
You are standing in the twilight zone of completion of the probation period and likely confirmation at the same time you wish to leave the job.
Legally, till you are issued with the confirmation letter and your acceptance of it, you continue to be probationer.
At this juncture you want to quit. Do so by applicable conditions of probationary appointment .As per you, you can leave without notice. So go ahead and resign.
If the company attempts to give you confirmation letter, politely decline and quit.
Vinayak Nagarkar
HR- Consultant

From India, Mumbai

Dear colleagues,
I think, an employee is entitled to hear officially whether probation is successfully completed or not. I have seen/is common practice that employers don't issue this letter immediately on expiry of the PP. A sound HR practice call for the employer should say Yes or No to this. I shouldn't be faulted if I say " a probationer is deemed to be completed his/her PP successfully if no extension of PP is issued to the probationer on or immediately after the expiry of the PP". May be few days of grace time could be given for completing the appraisal formalities. It would be unfortunate if any employer consider the PP deemed to be extended automatically without any time limit, indefinitely or till the confirmation letter is issued. Am I correct?
Generally, 3 months to 1 or 2 yrs. of PP is in vogue, what I have seen so far. It can vary from employer to employer as there is applicable enactment to this important aspect of HR policy. Also the anonymous friend didn't mention exact period as mentioned in his offer or apptt.letter and how many months passed past the PP.

From India, Bangalore
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