PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
PRABHAT RANJAN MOHANTY
Hr & Ir
Director - Human Resources
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rkn61Yes, definitely. When you are entering an employment contract with a prospective candidate, you mention certain terms & conditions of service. One such term & condition is that of a probation period. Thus in the event of completion of probation period, employer need to notify the employee about his confirmation, through a letter.
Benefits, the employee enjoying in the company, during probation period and during confirmation period, after probation is also different.So also with Separation clause and Notice period.
From India, Aizawl
PRABHAT RANJAN MOHANTYWe need to understand what exactly is the probation period in service. The offer letter issued to one employee with a mentioning that your employment shall be confirmed on successful completion of probation period. Most importantly the termination can be done assigning any notice period. This is a period the employee remained under watch to assess the suitability of the person for the position and not provided certain facilities till confirmation as compared to other confirmed employees.
You are bound by the your own norms to issue letter of confirmation on successful completion of the probation period.
You want to tell that the employee gets Suo moto confirmation on job after completion of probation period, even if one did not find good because it is mentioned in the Offer Letter. That is good and fine just need to change the text in offer letter that (Your service stands confirmed after X month of probation period on the date of Y).
There is some misconception on your mind, it is mandatory to inform the employee in writing on completion of probation period either confirmed or extended for further period of X as not satisfactory or can terminate.
From India, Mumbai
When the employer fixes a period of probation immediately after the employee's appointment and makes its successful completion compulsory for confirmation of the employee in the organization under the terms of the contract of employment, it is mandatory to declare it in writing before the expiry of the period mentioned therein as to whether the employee has successfully completed the probation period or his probation is extended furthermore or he is discharged simply. If the employer does not do so, the employee would be deemed to continue as a probationer only.
The noteworthy fact is that no employment law makes it compulsory to include probation as a necessary phase in the career of an employee; it is only a matter of discretion of the employer to evaluate the suitability of a newly appointed employee to the job/position offered and to ensure his orientation with the work culture of the organization. Therefore, the period of probation cannot be unduly longer or it can stand in the way of any statutory employment rights and benefits.
Moreover if the employer keeps an employee on probation indefinitely, it would tantamount to ' unfair labor practice' under SL no. 10 of Part I of the Fifth Schedule of the ID Act,1947.
Therefore, it is mandatory for the employer to declare whether the probationer has completed the period of probation to his satisfaction or not as the other members have suggested.
From India, Salem