Is My Probation Period Extension and Confirmation Legally Valid? Seeking Clarity

My appointment states probation for 6 months and may be extended for another three months on grounds of assessment of work, code of conduct, general aptitude, and overall suitability. It is also mentioned that "I will be considered for confirmation in the regular services of the company at the end of satisfactory completion of the prescribed/extended probationary period. It may, however, be noted that until such time you are so advised in writing, you shall be deemed to be on probation."

Are the above terms valid under the law?

The terms are in order.

You should get confirmation of satisfactory service and obtain confirmed status.

Dear sdas_32,

According to me, the drafting of your appointment letter is legally flawed and very vague. What can one do when our so-called HR experts draft such documents? While you have not sought advice in this situation, I would still like to offer a simple suggestion: you should continue with your employment until you are instructed otherwise. A company cannot keep you on probation indefinitely. Your services are deemed to be legally confirmed.

Please let me know if you need further assistance or clarification on this matter.

Best regards

In addition to what Mr. Korgaonkar has stated, I would like to state that keeping an employee on probation indefinitely may amount to an unfair labor practice. This is because the maximum period of probation prescribed under the model standing orders is only three months. Of course, it can be extended further for a similar period, but this must be done by informing the incumbent at least before the expiry of the originally stipulated probation period.

Some of the State Model Standing Orders, like those in Tamil Nadu, stipulate deeming provisions for confirmation in the absence of written orders of successful completion of probation. The letter of appointment, however intelligently crafted it might have been, cannot supersede the provisions of the standing orders.