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manish-kaushik1
1) What if the employer doesn't provide any paperwork or official email post-3-month probation then doesn't mean that the employee is confirmed or still on probation? My thought, if probation is extended then the employer should provide an extension of probation due to unsatisfactory performance, else do the employee has the right to presume that he is a confirmed employee. Please give your inputs.
2) Furlough - Now this term doesn't exist in the offer letter. Can the employer enforce furlough on employees that too just a verbal dialogue over the phone? No email or no formal letter shared with the employee? The employee gets 2 options either to resign or accept furlough? Please give your inputs.

From India
KK!HR
1530

1. Regarding confirmation on probation, first of all see the applicable rules of your organisation. Normally the confirmation of an employee on completion of probation has to be testified by an order. There are judgements supporting this view. The employee cannot presume to have become a confirmed employee as it involves change in status of the employee and cannot be a matter of surmise. Has the employee been paid all along and has there been any increase in pay of late. When the probation is cleared, employee is eligible for increase in pay.
2. Furlough is not a right of the employer. Employer can announce a scheme and give option to the employees to exercise option for it. It cannot be forced on the employees.

From India, Mumbai
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