Dear Veena, Do note that a probatoner is an employee who is provisionally employed to fill a vacancy in a permanent post or such extended period of service therein not exceeding one year (read: 240 days for workmen category being construed for claim of permanency) and has not been confirmed in writing. Probation period of any Company are governed by either its : 1. Certified Standing Orders, or, 2. HR Policy applicable on/covering Probationers 3. Terms and conditions of their employment given in their appointment letter. Normally, in most Companies probation is for a period of six months from their date of joining. If an employer does not confirm the services of an employee, it is deemed confirmed under law unless otherwise specified for good reason by the Company, in writing. He/She will be eligible for all the benefits accorded to a confirmed employees in the eyes of the law. Legal justice espouses that he cannot be illegally kept on probation detrimental to his interests, for eternity as an unfair management practice or intent. It is therefore important for the management to either confirm the employee in writing on due date of confirmation or to extend it in writing citing reasons for doing so (say non-performance). It is also safer to terminate the services of a probationer on the date of completion of the probation period on account of non-satisfactory performance citing adequacy of time accorded to perform. If terminated after one year, he needs to be retrenched on adequate grounds and paid off retrenchment compensation along with his notice pay. (Seeking permission for retrenchment is another issue, though). Such construed extension of probation without communicating in writing is null and void under law and is an unfair employer practice. The management may consider it prudent to pay off a mutually agreed reasonable severance pay to him to make good his retrenchment compensation, notice pay and due consideration on sustenance for a few months (say 2-3 months) before he gets another job. Rahul [Login to view] 09968270580