How Should We Handle Appointment Letters for Trainees Moving to Probation?

Question About Trainee Appointment Letters

I am working as an HR Executive in a manufacturing company. I have a question regarding the trainees. In our company, we take trainees for one year, and now, based on their performances, we want to confirm some of the trainees.

My question is, at the time of appointment as a trainee, we have given them an appointment letter. Now, after a year, when we want to take them on probation, do we need to give them another appointment letter mentioning the probation period, or is it acceptable to provide them with a letter titled "Probation Letter" and then, after six months, a confirmation letter?

Regards,
Shilpa Kashikar

Issue a formal appointment letter for the specific post with a designated probation period. Upon the completion of the probation period, evaluate the individual's performance to determine if they can be confirmed in the position, if probation needs to be extended, or if termination is necessary based on their probationary performance.

Thanks,
Sushil

It would depend on what the content of the initial letter was. If the training appointment discusses the possibility of absorption, then a letter stating that their training was successful and that they are now being taken on probation will be sufficient. If not, then giving a fresh letter makes sense.

Absorption vs. Fresh Appointment

Since the concept that absorption is not a fresh appointment is recognized in Lakra vs. State of Jharkhand, decided on 31.7.2013, the employer should not absorb a trainee because the employee will assert, until his superannuation, his right of counting the training period towards his service. Whereas if a fresh appointment letter is issued, then after some time, he is estopped from challenging it for counting his training period for various labor legislation benefits. Giving a break after training completion is also not barred. After all, in private employment, the employer can appoint anyone he likes. This is my personal view.

Thanks,
Sushil

Please confirm whether the initial Appointment Letter states about the Training and/or absorption. As Mr. Banerjee rightly said, if the initial letter states of absorption, then accordingly you have to issue a letter congratulating them for their successful training and the company being glad to absorb them on roll as full-time employment. If the initial letter states only about training, then a fresh appointment letter is needed.

Hi,

Surely, you need to give a separate appointment letter mentioning probation and other terms. Confirmation can be given after 6 months.

Regards,
R. Rajasekaran
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