Confused About Probation Status and Notice Period? Need Advice on Handling HR Dispute

Hi, I joined a company as an Associate Manager on 1/04/2014. It was mentioned in my appointment that I would be on probation for 6 months, and based on satisfactory performance, they may confirm or extend my probation period. I did not receive a confirmation letter/email from HR. Now that I have resigned from the company, HR is stating that I am a confirmed employee, so my notice period is 2 months. However, it is specified in the appointment that for employees on probation, the notice period is 1 month.

Kindly guide me on how to address this issue.

Regards,
SIVA RAM

Dear Siva Ram,

The clause regarding the termination of employment stated in your appointment letter needs to be reviewed. It should not be isolated, merely specifying the period and the payment. Therefore, if possible, please respond by providing the exact complete clause for our reference, or alternatively, email it to [Email Removed For Privacy Reasons]. Only then will I be able to provide any comments.

Cheers,
AB

Understanding the Shops and Establishment Act

Prima facie, you seem to be governed by the Shops and Establishment Act since you worked as an Associate Manager. It is generally provided in the Act, for example, in the Delhi Act, that an employee who has put in more than three months of service has to give one month's notice or pay in lieu of it for discharge from service. An employer cannot contract out of these provisions. Thus, apprise the management of it. Otherwise, contact the inspector under the said Act to get yourself relieved.

Thanks,
Sushil

I think the issue here is whether a company can absorb an employee as permanent without issuing any confirmation notice.

Under INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946:

A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment. This includes breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike), or involuntary closure of the establishment.

Hence, in my opinion, even though you have not received any confirmation letter from the employer, you became a permanent employee as per the rule. As you have not taken any initiative to understand your standing in the organization, you cannot claim now to be ignorant of the fact.

However, I would request the seniors to clarify the issue further.

In Delhi, where the Shops and Establishment Act applies, the Industrial Employment Standing Orders, 1946 do not apply. Moreover, an Associate Manager does not appear to be a workman. Thus, irrespective of confirmation, the criterion is if more than three months of service have been rendered, then only one month's period of notice or pay in lieu thereof has to be given by the employee because any agreement contrary to it is void.

Thanks,
Sushil