rkn61In employment contract, probation clause & confirmation clause iare available. Probation can be 3 months/6 months/one year, in accordance with the Policies of Company. Any employee, on joining shall be placed on probation for a prescribed time and after completion of probation period, he/she shall be confirmed in service. Some reputed companies issue letter of confirmation, after completion of probation, while some other companies will not issue a letter of confirmation. But, if a probation period is extended by management, such probation extension letter is issued by Management.
As you have not received such probation extension letter, it is deemed that you are confirmed in the services of the company, and separation clause as applicable to confirmed employee of your company shall be applicable and binding on you.
From India, Aizawl
Advocate Prem Chanda Yadavyou have to refer your appoint letter. Is there mention written only or auto confirm after probation period over. etc
From India, Mumbai
umakanthan53I have a different view from that of Mr.R.K.N based on Judicial decisions regarding the status of a probationer not declared by the employer in writing to have completed the period of probation and his deemed confirmation on the job.
A probationer continues to be a probationer irrespective of the lapse of time already fixed till the employer puts it in writing about the fact of his confirmation on the job. Therefore, if the employee intends to leave the job in such a situation, the notice condition would be the same for a probationer only.
There is no automatic or deemed confirmation on expiration of the period of probation unless there is such a provision in the service rules or the contract of employment.
From India, Salem
prashant.deshpandeMy opinion is that, you review your case with existing employees in your organisation. You are the only one who has not received confirmation letter in your organisation or the organisation have many more such employees who though completed Probation as per the appointment letter but are in the service since years.
In some organisation employer do not issues any such letters but employees still works even up to the retirement which is based on the performance and the mutual understanding of employer-employee and in India there are huge such organisations who follows such practices. But still you get confirm your doubt to whomsoever you reports and take the appropriate decision.
From India, Pune
KK!HRTo add to the Learned Shri Umakanthan Sir said above, confirmation in service denotes a change in the status of the employee, so it has to be communicated. Like appointment in service or termination of service, they become effective only after the order is communicated to the employee concerned.
Confirmation in service means one is becoming a permanent employee, entitled to the substantial post and pay and it can be deprived only after complying with due process of law.
Presumably, the querist has not been given the associated perks and increment, so it all points out no change in the status of being a probationer.
From India, Mumbai
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