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Dear Sreejith,

Though our discussion on probation has started from your own case, it covers the probationary status of all cadres of employees such as workman and managerial. Basically all employment rights and obligations arise from the contract of employment between the employer and the employee. For the sake of brevity, certain terms of the contract are cited to be according to the service rules or regulations applicable to the cadre. They can be any particular terms only to be found in the appointment letters, standing orders or service regulations. This is what I meant by "service rules". For example the relevant rule in the standing orders may specify that the period of probation be --- months/ years within a continuous period of --- months/ years and if it is not declared within such period that the individual has successfully completed the probation period, it shall be deemed that he has completed the period of probation successfully".

Coming to your contract, the discretion vested with your employer indicates that he can confirm you on completion of 3 months or extend it further.

From India, Salem
Dear Umakanthan Sir,

Noted your reply. Many thanks for elaborating on this matter. There is nothing mentioned specifically regarding the extension of probation in the below clause. Could you please clarify how they can extend probation despite of the below clause.

"You shall serve a probation period of 3 months during which either party may give 7 working days notice of termination and your entitlement to all employment benefits will be at the discretion of the company."

My probation period of 3 months was over on 15th Dec 2019. Company never issued any letter of confirmation or extension of probation to me. On 24th Feb 2020 they issued letter of termination basis under performance. Then only it was told to me that the probation was extended.Due to the lockdown and all, I am quite desparate for a job and hence was exploring whether i can counter back to them. For the good order sake, they should have told me the flaws or given me a chance to justify myself, which never happened.

Many thanks for your valuable time and reply.

From India, Mumbai
During probation time is employ eligible for ESI.
From India

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