Confused About Leave Eligibility Without a Confirmation Letter? Let's Discuss!

I joined a company in June 2013. There was a 6-month probation period, but after its completion, I was not given a confirmation letter. I had CL/SL during the probation period. However, after that, all my leaves have been treated as a loss of pay. I am currently at the level of AGM in the company and included in the payroll, etc.

I have still not received a confirmation letter. Could you please inform me about the rules regarding leave eligibility during this period?

As per the Factories Act and Shops and Establishment Act, if an employee works not less than 240 days in a year, they shall be allowed 21 days of leave. There is no bifurcation like CL/SL in any law. Leave policies will differ from company to company.

Thank you.

You are in a senior position. Ask your HR for confirmation. Normally, if no confirmation letter is given after the expiry of the probation period, it may be construed as the employee being confirmed unless there was no intimation about the extension of the probation period. You should be eligible for all applicable leaves as per your company's leave policies.

Regards,
Pon

If you were taken on probation for 6 months, it would have lapsed by December 13. If management did not terminate your services on the lapse of such date, they do not have any intention to terminate your services. However, your services could not be treated as confirmed by the act of your management in allowing you to work even after the lapse of the probation period. Sometimes in the appointment letter itself, a provision will be made by inserting a clause stating that if management has neither terminated the probationer on the expiry of the probation period nor extended the said period for a further period, it is to be construed that he is still on probation. Therefore, until your services are confirmed in writing by the employer, you cannot conclude that your services are confirmed. As suggested by our friends, you should meet your HR department so that they can provide you with information on this matter. Generally, the employee who is on probation should also be eligible for earned leave (EL) as per the Factories Act.

Regards,