Industrial Relations And Labour Laws
Sr.manager - Hr&admin
Vaishalee Parkhi
Hr Consultant & Trainer
Hr Executive

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What is the process for confirmation for any employee as its mentioned in the offer letter for 6 month as a probation but he has been working for more then 1 year but still did not get confirmed ,but he has get all the benefit like leave (pl,sl,cl) did this employee will be called as a Confirmed employee or probation serving employee.
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Hello Rohit,
Usually, probation is 6 months and then employee gets confirmed. It depends on his performance whether to confirm him in 6 months probation period or extend probation period by 3 months or so.
You will have to check your Appointment letter terms what does it state about Confirmation period. Further, a confirmed employee will be eligible for leaves. However, it depends on company policy as few companies grant leaves (Sick leave and Casual leave) in probation period too instead of doing it as without pay leave. OR give employees advance leave.
If employee already completed the probation period, subject to his/her satisfactory performance during probation period, issue a confirmation order.
Hello Mr. Rohit,

If the employee has completed his probation period kindly collect the probation performance assessment form from his HOD.As per the rating/HOD's remarks in the form you can confirm him/Extend the services/Discharge the services.
There is no automatic confirmation unless otherwise specified in the company's standing order or appointment letter. If it is stated in the letter of appointment that the employee will get confirmed only when he is communicated of his confirmation. There is no law which prevents an employee on probation to get leaves. If he has been working for more than one year, naturally, he should be eligible for Earned Leave (PL) besides being eligible for casual leave and sick leave to which other employees of the company are entitled to. Even a notice and compensation for retrenchment is required to be served to him if you want to retrench his service for any reason for which retrenchment can be done. (Please note that this applies to retrenchment following section 25F or 25N of ID Act.)
Though a probationer can be terminated without assigning reason for termination, it will be illegal to do so if that termination causes a stigma on him. Since he has been working with you for one year and you have not appraised him and found any negative thing about him, termination would cause stigma. Therefore, if you have not changed the status of the employee, you should do it now. Obviously, you should collect feedback from his reporting officer, but only for the sake of complying with the formalities.
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