Probation Period Confusion: When Does an Employee Get Automatically Confirmed?

If the probation of an employee is for one year and he is not confirmed, or if the probation is not extended after the completion of one year, after what period (how many months) does he get automatically confirmed according to the regulations? Please clarify.

If you do not receive any written letter from HR regarding your confirmation, as per my knowledge, after the completion of the probation period, you are automatically deemed a confirmed employee of the company.

I have received the confirmation letter from the Head of the institution. However, now due to an ego clash, he claims that he is not supposed to give the confirmation and it has to be given by the governing body. I am working in an autonomous institution registered under the Societies Act and funded by the government. The Memorandum of Association of the organization states that officers are appointed by the governing body, but it does not specify that such appointments need to be confirmed by the governing body. Additionally, to date, all confirmations have been carried out by the Head of the Organization alone. In my case, he issued the confirmation letter, but he now insists that it must be ratified by the governing body. He has the power to influence the governing body and potentially overturn the confirmation. However, is such an action legally viable?

Regards,
Satheesh

Here I have a different opinion given by Mr. Dharmesh. A probationary period is effectively a separate 'fixed term' employment contract that precedes your permanent employment relationship. However, the employee doesn't receive any letter pertaining to the conversion/confirmation of his employment. Hence, it seems to be legally invalid or inappropriate to assume that the employee is confirmed in terms of the employment contract. Furthermore, it couldn't be accepted by any government/private entities across the country.

Regards,
Janardan

Please check if there is any wording in the probation order that states confirmation requires an order in writing and also states that the absence of any letter of extension of probation should not be deemed to be confirmed. If these conditions are present, you cannot consider it confirmed.

No such clause is found in the appointment letter. It simply states that I will be on probation for one year from the date of joining.

Unless and until it is explicitly conveyed in writing by the appropriate appointing authority, confirmation cannot be assumed. It is better to discuss with the concerned party and decide accordingly.

Please confirm whether, according to labor law, the probation period depends on the company or the labor law. Please advise. Thank you.

Please confirm if the probation period is determined by individual companies or by labor laws. Your advice on this matter would be appreciated. Thank you.

Regards,
Ayub