No Deemed Confirmation Of Service Merely Because Services Of Probationer Are Continued Beyond Probationary Period: SC [Read Judgment]

https://www.livelaw.in/top-stories/d...ationer-147375


The above statement says that there will be no deemed confirmation of employees in the organisation, who are not confirmed during the probation period.. is this applicable? Can an organisation take stand to terminate employees who are not confirmed (may be more than a year) in the organisation?

Pls share your thoughts on the same.

From India, Mumbai
Dear friend,

The SC order is case specific. The SC should also give the correct definition of probation or should remove the word confirmation. By virtue of this order, the employer would prefer to issue letter that the position shall be remain on probation until confirmation and can be terminated without assigning any reason.

From India, Mumbai
Probation is viewing period. An empoyer first examines the candidate's application for employment and his certificates and credentials. Then there is test and interview. From the lot. employer selects one. Yet he wants to put employee on probation. OK. But how long can that period be valid? Law suggests 3 months. Where law is not applicable, e.g. Officers, the probation can be upto 1 year. That solely depends on bargaining power of Employee and Employer. But when that is agreed, then both parties must adhere to it. The moment probation period is over, Employer should either make him permanent or terminate him. Employer cannot extend period of probation unilaterally. If Employer does not take either of this action, then employee is deemed to be permanent. Just because Employer puts a clause that probation can be extended, it has no meaning or it is the inefficiency of Employer. If one cannot judge a candidate from application, certificates, credentials, probation, then Employer was prpobably sleeping, which is no excuse. On the other hand, Employer can terminate an Employee during probation period without giving any reason. So, extension of probation period is improper.

Vibhakar Ramtirthkar. Pune.

From India, Pune

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