Understanding Probation Period, Confirmation Letter, and Notice Period in Employment: Legal Implicat

Hi,

I am facing a strange turn in my career and require your help ASAP. In the present organization that I am working for, the notice period in case of separation is 3 months on either side, post 3 months of the probationary period. I have been in the organization for 10 months but have not yet received my confirmation letter. Now, when I want to quit the job for a better prospect, the HR reverts, saying that in the case of non-issuance of a confirmation letter, it is to be understood that I have been confirmed; else, I would have been issued an intimation for an extension of the probationary period. However, I argue that in the absence of confirmation/acknowledgment of confirmation, I can quit with a week's notice period as mentioned in my appointment letter. Please advise if what the HR says is right legally. Please reply ASAP.

Hi, a strange situation. Well, if you are not given a confirmation letter, it means "you are on probation only". Unless and until you are given a confirmation letter or the company does not state it, it is clear that you are on probation only.

Generally, the terms and conditions mentioned in your offer letter will be applied. If it mentions a 3-month notice, you have to abide by it, and if not mentioned, then no need. Generally, a 1-month notice period is recommended. Go ahead with your resignation, and if you do not get a satisfactory reply, you can move ahead to the labor office with a complaint.

I think this can help you.

Kavita Sharma

Hi,

Yes, of course, there is no confirmation letter issued to you. So, you can quit giving shorter notice period. But you should have shown a proactive approach yourself after three months.

- Payal

Hi,

It must be clearly mentioned in your appointment letter that at the time of confirmation, you shall be intimated with a written letter; otherwise, you wouldn't be confirmed. So, definitely, if you have not received any such documents in the form of a confirmation letter, then you are not confirmed anywhere. You may quit the job as a probationary only.

Regards,
Amit Seth

Hi, if in your appointment letter it clearly mentions a 3-month notice period, and your probation period is also 3 months, after the 3 months, the company's responsibility is to inform you whether you are confirmed or if your probation period will be extended. If the company fails to inform you, you will automatically be confirmed as per the standing order. Hence, you are legally bound to pay the notice period as per the appointment letter.

Sacheein

Hello friend,

I presume that you are in HR. As a person from HR, you can appreciate that at times the letters of confirmation may get delayed. One can argue on legal aspects for months [year!!]. The best thing is to discuss with a cool mind with the HR head. Come to a mutually amicable arrangement of the separation. I am sure your patience and mature handling will help you in your career and also lead to a win-win solution. When you leave an organization, try your level best that your relationship continues to be cordial.

Regards,
Nishikant

Hello,

Don't let things get complicated. Just ask HR to relieve you or simply provide a medical prescription stating that you need to take rest for 1 month.

Regards,
Invision

Hi,

I am facing a strange turn in my career and require your help ASAP. In the present organization that I am working, the notice period in case of separation is 3 months on either side, post 3 months of probationary period. I have been in the organization for 10 months but have not yet received my confirmation letter. Now, when I want to quit the job for a better prospect, the HR reverts, saying, in the case of non-issuance of a confirmation letter, it is to be understood that I have been confirmed; else, I would have been issued an intimation for an extension of the probationary period. However, I argue that in the absence of confirmation/acknowledgment of confirmation, I can quit at a week's notice period as mentioned in my appointment letter. Please advise if what the HR says is right legally. Please reply ASAP.

Yes. Your HR Manager is right here. Kindly reread your appointment letter as well as the employee manual. In many companies, there is a policy that if you do not receive any message from your HR until the last day of your probation period, then you are deemed to have been confirmed and entitled to all the provisions of a confirmed employee. In such a case, if the management likes to extend the probation period of any employee, they inform the employee at least 2 weeks in advance about its intention.

In some other companies, they have a policy that says that confirmation will be in writing. In those companies, it is the opposite. If they do not communicate anything to you, it means that your probation has been extended. They usually communicate their intentions to the employees that they confirm.

Some companies send across the communication in both cases. So, it all differs from company to company, and as it is, there is no standard policy or procedure.

Kindly read the employee handbook of your company.

Thanks and Regards

Agree with Mr. Sanjeev. Please go through your appointment letter and review the probation/confirmation clause. For example, please find below the probation clause:

01. PROBATION / CONFIRMATION:

You will be on probation initially for a period of six months w.e.f. the date of joining. While your performance during the probation period will be assessed for offering you confirmed employment with the company, you will be deemed to be automatically confirmed if you do not receive a written communication to the contrary within three days of the due date for confirmation. During the probation period, either side will be at liberty to terminate this contract of employment by giving the other three months' notice in writing or salary in lieu thereof. It shall not be necessary for either party to assign any reason for termination of the contract.

Hope this helps.

Joel C

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Do share your views...

"Hi Sanjeev, in reply to the above statement, how can the probation be extended to an indefinite period? When the probation period is for a fixed tenure, how can the extension be indefinite? It means if the company does not confirm in writing after, say, 6 months, will the employee continue to stay in probation even if he works for, let's say, 2-5 years in the company? I think in any case of extension, the company has to communicate the extension period, which should be of a fixed tenure either in the offer letter or separately after the probation period."

Hi,

The company must have informed you about the extension of the probation period with specific details. In your case, I assume that the probation period is satisfactorily completed, and you are now confirmed. The rules applicable to confirmed employees are also relevant to you. Please proceed accordingly.

Regards,

Hi,

Please go through the offer letter clearly, read the points carefully, ask the HR for further clarifications, and try to express our situation to HR or the concerned authorities regarding your problem. In my point of view, no company will keep employees and let them work without their interest to work. There might be a clause that states non-submission of a resignation letter may require you to forfeit one month's salary.

Thanks,
Invision