Probation Period Extended Without Notice: What Can I Do About It?

Hi All, I had some concerns I felt I should discuss with all of you here. I joined my present company in June. During my interview discussions and at the time of joining, I was offered a 2-month probation period. In my offer letter, it's clearly mentioned that I will have a 2-month probation period. I have not received my appointment letter yet, but HR has confirmed that the management has decided to extend my probation period to 6 months without any prior discussion with me. Since I have not yet received my appointment letter, what steps can I take?

Thank you.

As mentioned by Nathrao, an employer can increase the probation period of any or all employees even after joining as a change in policy or extension of probation based on the performance of the employees. The employee does not need to be informed about this.

During probation, the employee is free to leave their job if they wish to without giving any notice or reason.

Please let me know if you need any further assistance or clarification.

Hello Kavita, I hope you will agree with me that there is always a difference between an offer and an appointment letter. An appointment letter has the force of law to claim certain service conditions as enshrined therein. Since you are not in possession of the appointment letter, your protest and naming some persons at this moment do not hold water. I must inform you that most of the appointment letters always carry a "Six Months" probation period. Two months is hardly a sufficient period to understand your performance, temperament, attitude towards work, etc. Even the model standing orders specify a probation period of six months, which can be extended by a period of another three months at the discretion of the management if necessary to adjudge the work and merit of a person. However, the maximum probation period shall not be extended beyond one year.

I suggest you do not protest but rather show them your performance so that you get a good start after completion of your probation. However, you must insist that they issue you the appointment letter mentioning therein clear terms and conditions.

Regards,
BS Kalsi

Clarifying Probation Period and Appointment Letter Issues

First of all, please collect your appointment letter since you haven't collected it since your Date of Joining (DOJ). They can change and provide you with the probation period. I have a few doubts. Generally, the probation period is six months across the industry, and I think you have been wrongly guided. First, clarify the above.

If your probation period is two months, check with your HR regarding your performance review. The reason for the performance review is if you are going to escalate it to the management. They can still say that the performance is not good.

Discuss with your immediate supervisor regarding your performance. If you still are not convinced, look for a profile change. You can't take any legal steps for it.

Thanks,

Venkatakrishnan

In my view, the terms of the appointment letter are valid. However, in your case, you have not received the appointment letter, so bring this to the attention of your immediate boss. Secondly, you have to ensure that the company follows regular practices. Only then should you make the appropriate decision.

I thank everyone for answering my query. Here are a few clarifications and updates:

1. I expressed my concern when I was informed that my probation would be 2 months, as I know that doesn't sound right. Despite my concern, I was given an offer letter showing a 2-month probation period.

2. It's a small company with a pan-India presence, growing at a very fast pace. The directors told me they are very happy with my work, but...

3. Recently, they hired a much senior project manager, and his probation is 6 months. Ethically, they cannot give me a 2-month probation. Due to this particular reason, my probation got extended. I fail to understand the connection. However, I didn't take this news negatively. The importance of probation in this company reflects only in the leave policy.

Please suggest, do I need to give my offer letter back? They haven't asked me yet, though.

Thanks, everyone!

Regards, Kavita

The company cannot give the senior manager a longer probation period compared to junior staff, so they probably want to keep the same period for all. There should be no harm in accepting this. Anyway, there is no alternative to accepting a 6-month probation period.

Dear Kavita,

Once you have joined the company, you cannot rescind your offer. However, the policy can be amended. An offer extended two months ago cannot be retracted, but a new offer can be provided after two months of your employment commencement.

Hello Kavita,

There is no question of giving back the offer letter to the company. Instead, you should insist that they issue an appointment letter mentioning the terms and conditions of service applicable to you; they will certainly include the period of probation.

BS Kalsi

I think you have to consider this topic seriously. If you return your offer letter, that means you have resigned from the company, which can affect your company. Whether it's a small company or a multinational corporation, if your profile is good, the company itself does not matter. Discuss this with your HR department before making any decisions.