I want to understand whether an employment confirmation letter or system generated notification is needed for the below probation clause.

"Employee shall be on probation for the period of 6 months from the date of joining of the company. On the completion of six-time, based on their performance, the service will be considered confirmed. The same may however be extended or the contract to the employment may be terminated, if so deemed necessary by the management. A notification letter will be issued to the employee in case of extension or termination. During probation, the employee or intelligence can terminate the employment by giving 30 daysí notice."

I am not sure whether it is an auto-confirmation after 6 months if the company is not deciding for extension or termination. Or still the probation completion meeting is mandatory and letter has to be issued. I need help to understand the same.

From India, Pune
Mr Sushant Patil,

In appointment letter issued to an employee/workmen you have to clearly mention terms and conditions of appointment as under;
1.In probationary clause you have to mention that his (employee)employment will not be confirmed automatically unless confirmation letter given in writing by the management purely based on his performance.
2. During period of probation, employee performance is found not satisfactory, management have to communicate the employee in writing to improve his/her performance, can extend his probationary period of three months by giving an one more opportunity to improve his performance.
3. In probation appointment letter, provision to be made for extension of probation.
4. During the period of probation or extended period of probation, his performance is found not satisfactory he can be terminated with one month notice or one month salary in lie of notice with other legal dues.
5. Maintain his appraisal report and letters issued to him.
6. If it is unionised company, pls refer certified standing orders .
7. Without communicating the employee during probation and terminating his service at the end of the probation period not advisable.
Kindly take opinion of other senior members.
Regards

From India, Bengaluru
Thank you for your reply... I have share the clause from my offer letter and wanted to understand how the above Probation clause will work.. Whether the confirmation will happen automatically after 6 month which out org sharing any intimation or letter of confirmation and that too without holding any probation review meeting.

In my case the probation meeting did not happen and i have not received any confirmation letter or any intimation from HR or from HCM system.. in this case I want to understand as per above clause whether i will be in still probation or i am a confirmed employee..

This clarity ia very important and critical to me at this point in time.

From India, Pune
Dear member, Pls go through your appointment letter Regards
From India, Bengaluru
Below is the probation Clause :

"Employee shall be on the probation for the period of 6 months from the date of joining of the company. On the completion of six time, based on their performance, the service will be considered confirmed. The same may however be extended or the contract to the employment may be terminated, if so deemed necessary by the management. A notification letter will be issued to the employee in case of extension or termination. During probation the employee or itelligence can terminate the employment by giving 30 daysí notice. "

Whats your conclusion on the Confrimation : Confrimation letter/ email or notification required or Not.. If not then am I still under probation...

I ahve also got one appriasal in between, but i am not sure whether i am still a confrimed employee or not as not confrimation letter recieved.

From India, Pune
Dear Sushant,

I think that the learned member HR Professional has given a clear cut explanation on employee probation.

There cannot be automatic confirmation after the expiry of the period of probation fixed in the contract of employment. The employer has to declare in writing whether the employee has been confirmed on the successful completion of the period of probation or his probation stands extended further.

In the absence of both the employee would be deemed as a probationer only.
In the case of such a probationer/employee falling under the definition of workman under the Industrial Disputes Act.1947, such an act of keeping the employee on probationer status indefinitely is an unfair labor practice.

From India, Salem

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views using the reply box below. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone.

Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2021 CiteHR.Comô

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server