Stuck in Probation: What to Do When Your Company Won't Confirm Employment Status?

Please let me know if an employee has completed his/her probation period, but the company is not providing a confirmation letter nor terminating the employment. The employment terms state that the employee will remain on probation until the company gives written confirmation. I have read that a Supreme Court/SC Judgment states that an employee will be considered a permanent employee after completing 240 working days in a company. The company is registered under the Punjab and Shop Establishment Act.

Kindly guide. Employees in my company have been with us for 18 months, but the company has not confirmed their employment, terminated them, or provided any leave. They have been working without any paid leave since joining. No Casual Leave/Sick Leave/Earned Leave is granted to them as the company policy dictates leaves are only for confirmed employees.

Please help. Share any links you have regarding the SC Judgment.

Thank you.

Did the employee complete the probation period as per the terms mentioned in the appointment/offer letter? If so, the employee is deemed to be considered as confirmed and can have all the benefits of a permanent employee, irrespective of a written document. This link might help: JUDICIARY: Deemed to have completed ...Indian Lawyers

Regards,
Sree

Yes, the employee has completed the probation period. However, in the employment agreement, the company states that until and unless you are given written confirmation, you will remain in the probation period, and the employee has also signed that. Please let me know if the employee still has the right to be considered a confirmed employee.

If the employee has completed 240 days, it means he is deemed to be confirmed. Just mentioning in the employment agreement that he is confirmed only after it is given in writing will not be correct. If you want to extend his probation, you need to provide in writing regarding the same, stating that his probation period has been extended.

Regards,
Rajeev Dixit