Navigating Appointment Letters: When and How to Address Probation Clauses and Salary Details

Hi, please let me know when we are issuing the appointment letter after the probation period. How should we mention the probation clause, and should the salary be stated as "on" or "at the time of joining"? Please advise me on this matter.

Thank you.

Appointment letters will be issued on the day of joining, and after the completion of the probation period, an appointment confirmation letter will be issued.

Probation Clause

At the time of joining, you shall mention a clause stating, "You shall be on probation for XYZ period, and based on the performance, your appointment shall be confirmed, and the salary shall be revised."

Until the end of the probation period, your salary structure is as follows.

Regards,

Thank you for the reply. I do agree that at the time of joining, we issue an appointment letter stating probationary clauses, etc. However, suppose you think that they have not been issued an appointment letter at the time of joining, but they have completed one year. Now, they require an appointment letter. In such cases, how should we proceed? Please reply.

In that case, you can issue an appointment letter dated today with effect from the day of joining. Also, you can mention all the clauses.

Hi Jeevarathnam, thanks for the reply. I do agree that at the time of joining, we issue an appointment letter stating a probationary clause, etc. However, suppose you think that they have not been issued an appointment letter at the time of joining, but they have completed one year. Now, they require an appointment letter; in such cases, how should one proceed? Please reply.

Options for Issuing Appointment and Confirmation Letters

In case an appointment letter was given on joining, you can do either of the following:

- **Option 1:** Give an appointment letter with the Date of Joining (DOJ) as the date on which they were on board. Mention a probation period of X months and state that confirmation would be based on performance. Once the probation period is over, issue a confirmation letter detailing proper designation and salary details, even if they have not been revised.

- **Option 2:** Provide a confirmation letter with the date on which the person was officially confirmed. Mention their date of joining and state that they were successful in performing up to the standards during the probation period of X months since [mention their date of joining].

Regards.

If no appointment letter was given at the time of joining and you only provide a confirmation letter after their probation, mentioning their date of joining, you are regularizing their appointment. However, there may be technical problems later in case of any dispute. Since you will have no document to invoke any term or clause of employment to take any action, as you have not obtained one agreed upon and signed by them, I suggest providing an appointment cum-confirmation letter upon completion of their probation. This letter should contain all the clauses governing their terms of employment.

Regards,
B. Saikumar
HR & Labor Law Advisor
Mumbai

Issuing Offer and Appointment Letters

Based on the overall discussion, we can say that initially, when a candidate gets selected, they receive the offer letter with minimum terms and conditions, salary details, and designation. After joining, the candidate receives the appointment letter from the organization until they complete their probationary or training period. The appointment letter includes leave details, salary information, and additional terms and conditions, for which the candidate needs to provide a signed copy as acceptance.

Confirmation After Probation

Finally, when the candidate completes the probationary period, they receive a confirmation letter with detailed terms and conditions, with or without salary changes. The management then receives this letter as confirmation from the candidate.