Dear Sir, I want to clarify that as per the appointment letter employees are eligible for confirmation after getting the confirmation letter. It has been noticed that most of our employees are taking it the wrong way and they resign after six months and consider that they are not eligible for three months’ notice period as they have not received any confirmation letter. You are requested to provide your inputs. We have undersigned queries regarding this.

Case No-1 – One employee has resigned from the company after 6 months. Now we are already in line to evaluate the performance of employees.

Evaluation letter already circulated to Department HOD. and we are in process of his Confirmation but still, we have not provided him a confirmation letter and any intimation to the employee also.

What will be his notice period applicable in this case? (One month or Three Months )

Most sincerly

Sanjeev Bansal

From India, Bhatinda
Industrial Relations And Labour Laws
Human Resources


So long as no notice of confirmation has been given he will remain as probationer only and as such whatever is the notice period applicable to a probationer will be applicable to him.

If your concern is that employees leave the company before they are confirmed (I am afraid why they are afraid of confirmation and if any employee leave a company just to avoid notice period) make it open that there is no probation at all and from the day one itself the employee is a confirmed employee. Still, on seeing such an offer letter without a probation but with a notice period, if nobody is joining your company, there should be some serious problem with your company and you should address it first!

From India, Kannur

Refer the passage, even the intimation of confirmation letter given to the employee also cannot make applicable of the notice period clause till the employee turns to accepting the confirmation letter. Till that he shall be considered as probation employee only and one month notice period only will be applicable to the concern. refer the advice of madhu sir above, in case of eliminating the probation culture in the company will not make only the employee to bind the clause of three months also will applicable to company too for three month notice in case of separation. So, think twice before of any elimination / modification / fresh policy. Confirmation shall be processed before at least one month of expiry of probation period. Same like to the company, for the employee also it is probation period. He will understand the company and the system existing. Before coming to conclusion, you need to understand the candidate while recruitment. A perfect recruitment process only will help us to have good candidates. Understand the expectation of candidate while in recruitment and hire a right person at right time for right place.

You need to frame the rule of processing time for confirmation. Adhering to time management will help in this.

From India, Mumbai

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