Navigating Probation Period and Resignation Process Without Confirmation Letter

Hi All,

I am working in an IT company where I have completed my probation period. However, my company has not yet provided me with a confirmation letter. If I receive an offer from another company, is it necessary for me to serve the notice period?

Regards,
Manna Das

Dear Das,

If there is no communication from the employer's side, then it is deemed that you are a confirmed employee. You have to abide by the clause mentioned about the termination of services in your employment contract.

Sir,

In our case, he resigned after 6 months (probation complete) with no communication of confirmation, but he is under a 3-year service contract. The contract states that it becomes applicable after probation is complete. Currently, he is not confirmed as there has been no communication, and he is also free from the service contract. Additionally, there are no mentions of "deemed confirmation" in the appointment letter.

Please comment.

Hello Manna Das & vijay_tiwatane,

Like Shaikh Abedeen mentioned, if nothing is mentioned regarding this aspect, then it is 'deemed' that the probation is completed. By 'deemed', it means that 'it's understood'—so there wouldn't be any necessity to expressly mention this aspect in the policy/record/letter.

But also, quite a few companies have this aspect clearly mentioned too—though it's not mandatory to do so. Also, another aspect is, some companies have a lower notice period during the probation—NOT ZERO.

So it all depends on the company's overall policy structure. Manna Das needs to check out what's mentioned in his Offer/Appointment Letter—which is what finally applies to him.

Regarding vijay_tiwatane's case, the 'deemed' status holds good. Especially since there's a 3-year service contract. To the best of my knowledge, the logic works this way: WHAT IF the employee is found NOT SATISFACTORY during probation? Will he/she be given 'probation cleared/completed' clearance? DEFINITELY NO. So the next step/option—from the Employer's end—will have to be EITHER: (1) an extension of the probation period OR (2) removal from service if the performance has been absolutely horrible [whichever term may be used]. There CAN'T be any other avenue/option possible/available to the Employer. In such cases, usually, the 'negative' news is broken ASAP, for various reasons. Hope you got the point of 'deemed completion'.

Regards,
TS

I would like to ask one question. An employee resigned 7 years ago, and we settled everything except for the Provident Fund (P.F), which has now been signed and given. He is now asking for the settlement money and salary for 2 months. Is it possible to provide this now?

Like to ask one question one employee resigned 7 years back, we settled all except P.F now that too also signed and given, he is asking settlement money and salary for 2 months, is it possible now.

Now he is asking the two months' salary we don't have any record, whether he collected the salary or not. How to handle the person.

Dear All,

In my opinion, during the period of probation, termination of the job is not a problem at all. In this period, no agreement is created between the employee and employer.

Vineeth Viswambharan
Cochin

Dear TS and All,

Thank you for your prompt reply. Actually, it's mentioned in my appointment letter that I will receive a confirmation letter. What do you guys suggest now?

Hello Manna Das,

Your query isn't clear: "So what do you guys suggest now?" Can you please elaborate?

Do you mean to ask:
1] Can I resign now? OR
2] Can I assume my probation is cleared now? OR
3] Shall I assume my probation is not cleared?

If (1): That's your problem—frankly.
If (2): I think Shaikh Abedeen already clarified regarding this aspect—that you can assume yourself to be 'deemed' confirmed. However, for your mental satisfaction, you can talk to the HR person in a jovial way: "I didn't receive my Confirmation Letter... does that mean I am being thrown out of the company?" You will get a reply :-)

If (3): Had this been the case, as I already indicated, you would have been informed about it by now... in the most appropriate way by HR.

All the Best.

Regards,
TS

Dear Ms. Prasanna Kumari,

For the two months' payment, kindly check with your finance department. Alternatively, please review the statutory records to confirm whether the payment was submitted to the Labour Welfare Fund for unpaid accumulations. You may also inquire with the bank to verify if he received his previous month's salaries through bank transfer.

Thank you.

Jana

Dear Mr. Mannadas,

If it is mentioned in your appointment letter and you still haven't received your confirmation letter, then you are considered to be on probation. In such a case, you may leave the service without serving the notice period if you receive another job offer. It might be stated in your appointment letter that the notice period is to be served only after confirmation.

Regards,
Kishore

In this case, you are not deemed to be confirmed until you receive the confirmation letter or any other communication.

Regards,

P. K. Mishra

Hi,

According to me, you may switch to another job as you are not confirmed as a permanent employee in your company yet. Also, you have all the rights to share your feedback after the probation period. In case of a lack of communication, I would suggest you communicate to your boss regarding your willingness to leave the job. I don't think that you are bound to serve.

Hi,

According to me, you may switch to another job as you are not confirmed as a permanent employee in your company yet. Also, you have all the rights to share your feedback after the probation period. In case of a lack of communication, I would suggest you communicate with your boss regarding your willingness to leave the job. I don't think that you are bound to serve.

Manjeeta

Dear Mannadas,

Since you didn't receive a confirmation letter, your probation is deemed to continue. Therefore, the notice period applicable for probation would apply in your case.

Regarding the other query concerning the bond period, confirmation or extension of probation, or probation itself, if one were to leave the service, then the bond obligation would come into play. However, if the organization were to terminate the employment due to unsatisfactory services, the situation would be different, and we would need to review the bond conditions.

Regarding the query from Ms. Prasanna Kumari, after resignation, there is no basis for asking for the salary of the notice period. In any case, nobody can claim dues from seven years ago, as there is a general limitation of three years for requesting any unpaid amounts.

I hope this clarification addresses all concerns.

KK

Hi friends,

I am working in a mid-size company where the probation period is six months. It was mentioned in the offer letter that it may extend to nine months based on performance during probation. Despite my best efforts, they did not confirm my position. They informed me that confirmation would only happen at the nine-month mark. What should I do at this point in time?

Dear Mr. Manna Das,
Yes, you can resign from your current Company. Accordingly, you have to submit you resignation cum notice period letter to your current Company & complete all the dues as per your appointment letter.
In my opinion, you have to speak to your senior / reporting authority. If not then Wright a letter to your senior / reporting authority with a CC to HR Department / Head.

Thanks & Regards,

Yogesh Kulkarni
Assistant Manager – HR & IR

Krishidhan Seeds Pvt. Ltd.
Contact No. : + 91 98908 45553
E-mail ID : [Login to view]

Dear All,

I would suggest referring to the State Shop Act, which will clear your doubts regarding the above-mentioned case. There is a provision relating to the mentioned fact.

Regards,
Rajesh Beedkar

Dear Sir,

There is no need to give a resignation letter during the probation period. You can take advantage of not receiving a confirmation letter for your resignation. Therefore, there is no need to give a letter.

Thanks, P. Paraman.