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shikha-pakhide
Probation Period
As per my contract, my probation period was over in August 2022. However, I have still not received my confirmation letter even after I asked for it. I am looking out and during the probation period, the notice period is 1week. Will that still apply or two month notice period after the confirmation of probation will apply?
I don’t think so there is anything called “automatic confirmation” once your probation ends.

From India, Nagpur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Sr. Hr Manager
Advocate Prem Chanda Yadav
Silvassa. Www.lawglobalhr.com
KK!HR
Management Consultancy
+1 Other

rkn61
624

In 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 Yadav
11

you have to refer your appoint letter. Is there mention written only or auto confirm after probation period over. etc
From India, Mumbai
umakanthan53
6016

I 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.deshpande
12

My 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.

Regards, Prashant

From India, Pune
KK!HR
1530

To 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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