Stuck Without a Confirmation Letter: How Should I Approach My HR Without Upsetting My Manager?

I have been working in a company for the past 16 months. I haven't received my Confirmation Letter yet. I was appointed by a Manager who is located in our state. After my appointment, my reporting person was changed, and they are in another state.

The problem is that if I contact my HR or Reporting Head regarding the Confirmation and my manager comes to know, he will get upset, and I'll face different kinds of problems, which may even lead me to quit my job.

I have been emailing my manager for the past 3 months for Confirmation. Due to being busy, he hasn't even looked at my emails. Ours is a corporate company where over 1000 people are working, and it's a matter of seconds for me to contact HR. But thinking about his mentality, I'm unable to do anything.

Please guide me on whether the Confirmation Letter is important.

I think you cannot claim for confirmation, as it is the job of management to decide about your confirmation. Please refer to the judgment of the Honourable Supreme Court in the case of Shamser Singh.

Probation Period and Confirmation Process

If your letter of appointment specified the duration of probation, the company should either issue a confirmation letter or inform you that your probation has been extended by some months. If the company fails to do so, even after the lapse of a few months following the expiry of your probation period, you are deemed to have been confirmed. The company cannot keep an employee under probation indefinitely.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai.

Thank you for the reply. My probation is for 3 months as per the appointment order. As I already mentioned, if I contact my HO or reporting officer, the issue will be resolved. However, I anticipate problems if I approach my local head.

Please confirm whether obtaining a confirmation letter from my HO is crucial for my future.

Thank you.

For all practical purposes, you are deemed to be confirmed from the administrative practice point of view in the industry. It is only a paper confirmation if they issue a letter of confirmation. However, moods, perceptions, and beliefs will change with the change of time. Try to time perfectly your request for a confirmation letter. For example, choose to push your request when management is pleased with your performance. Otherwise, it should not be a matter of worry for you from the point of view of the future since they have to give you service for the period you worked in the company.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Don't worry about the confirmation letter; if you discharge your duties diligently, that itself is enough to work in a permanent nature.

Regards,
D. Gurumurthy
HR/IR Consultant

Stick to Mr. Sai and Mr. Gurumurthy's advice. Keep on performing. Don't bother about confirmation. All the best.

Mr. Sai's advice is excellent. If the organization is large with 1000+ staff and has a corporate office, it means the organization must have SOPs guidelines. Managers are not adhering to the guidelines laid by management and thus causing demotivation for Ganesh.

It's not only a matter of working on permanent roles as said by Mr. Murthy, but he should also feel proud and motivated in such an organization. I suggest you speak to your manager, and there is no need to fear. Ultimately, when it comes to leave calculation, reimbursement, or any benefits related to the permanency of an employee, you should not be left behind just because of the inefficiency of your manager, even if he is very busy with work. Try to speak to him personally, or else you can escalate this matter to corporate without any confusion. After all, you are also working for your own growth and that of the company as well.

All the best

Understanding Confirmation and Probation in Private Management

Working in private management and pleasing the management depends on the performance of the individual. The person who assigns your duties is not relevant to them. Confirmation always depends on the exigency of the position for which you were hired as a probationer.

Merely completing the probation period does not entitle the person to seek confirmation. Until your services are confirmed in writing by the management, you should not be treated as a confirmed employee. Why worry about confirmation? As long as you are permitted to work in the organization and receive a salary for it, you need not worry about confirmation.

Even during the probation period, you will receive some benefits like PF, Gratuity if you complete 5 years of service, bonuses, leaves, etc. When you feel it is inconvenient to stay with your current organization, try to secure a better offer elsewhere and leave this one. Generally, if the employer is satisfied with the probationer's performance, they will confirm the services of such an employee. If they do not confirm the same even after the probation period has ended, there might be some reason behind it.

Regards,
NVRao
Naidupeta

Thanks for all the valuable replies. By seeing Sai Sir & Guru Sir's replies, my mind became peaceful, and I won't worry about the letter.

Some may think it is unnecessary fear. My reason - it is my first job, and that too without many problems in work. Here, God plays His role. Since joining, 95% of the emails and work have been done by me, but under the name of my senior. No one in another branch or HO knows if I'm working or not, which makes me restless. Last week, I filled out my Appraisal and sent it to HO. As HR Gurus, please reply: How would you evaluate my work if I'm doing it under another person's name, and you are unaware of that?

I don't know what a corporate is. From my experience (with one company only), some heads and seniors think they are the owners. For solving any problem, they have to be contacted, even if they don't have the power, and it is kept pending by them, creating a bad impression for the company.

Dear Sacheen Sir, after joining the job, the first rule told to me by a senior was not to contact HO for any problem, as it creates a bad impression on the company, and it might irritate my manager.

In conclusion, these thoughts have been running through my mind for the past 3 to 4 months. After sharing with you, my heart feels lighter. Let me get a good night's sleep today. Goodnight to all.

Dear Ganesh,

First, speak to your senior about the mistake in the department. If he does not agree, then approach the HR department. Please keep all communication in writing (via email) so that you have proof if something goes wrong.

I am surprised that even HR did not bother to confirm with you for the last 16 months, or why they did not ask your senior about this matter. This implies that HR might be aware of this issue. If the above steps do not work, then consider finding a better opportunity where employees are valued. If you need any assistance, please feel free to email me at [Email Removed For Privacy Reasons].

Regards,
Sacheen

Importance of the Confirmation Letter

The confirmation letter is very important. You should refer to THE CONFERMENT OF PERMANENT STATUS ACT, 1981. It is clearly mentioned that after 480 days, one should obtain permanency in the company. For that, FORM 1 is maintained, and FORM 2 is submitted to the Inspector of Factories.

Regards,
Karthik R
HR Manager
[Phone Number Removed For Privacy Reasons]

It must have been a clerical mistake. Don't worry. You can approach the department (HR) that issued the confirmation letter and bring the error to their notice. They will rectify it.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Thanks to all for the valuable replies. By seeing Sai Sir & Guru Sir's replies, my mind became peaceful, and I will not worry about the letter.

Some may think it is unnecessary fear. My reason - it is my first job, that too without more problems in work. Here, God plays his role. Since my joining, 95% of mails and work have been done by me but in the name of my senior. No one in another branch or HO knows if I'm working or not, which makes me restless. Last week, I filled my appraisal and sent it to HO. As HR Gurus, please reply: how will you evaluate my work if I'm working under another person's name and you are unaware?

I don't know what a corporate is. From my experience (one company only), some heads and seniors think they are the owners, and for solving any problem, they have to be contacted even if they don't have that power, keeping it pending and creating a bad impression for the company.

Dear Sacheen Sir, after joining the job, the first rule told to me by the senior was not to contact HO for any problem as it creates a bad impression on the company, irritating my manager.

Lastly, these thoughts have been running in my mind for the past 3 to 4 months. After sharing with you, my heart feels lighter. Let me get good sleep today. Goodnight to all.

All the best to you; it's not only your problems, but there are many others like you who cannot raise their genuine concerns in an open forum like this. Be ethical, true, and sincere in your work.

For more clarification, kindly refer to the Labor Law Reporter of May 2012: Confirmation of a probationer only by a written order. LLR Supreme Court 514

Regards, Ankur

At last, I found that my department was changed into a dummy department by the senior, so he could terminate me at the required time. However, with the help of one genuine manager, the general manager intervened and restricted the manager from involving in my work. Thank God, there are good people who can support entry-level employees from bad superiors.