How Should I Handle a Notice Period Dispute When My Confirmation Was Never Communicated?

I resigned from the company after completing 2 years of service. I never received my confirmation in writing or otherwise. In the meantime, I received another job offer, and I resigned with a 10-day notice period. As per the appointment letter, I need to serve a 30-day notice period before confirmation and 90 days after confirmation. I was willing to adjust my earned leave (i.e., 54 days) against my balance notice period of 20 days. However, to my surprise, the company issued me a recovery letter on the plea that I was a confirmed employee with them (which they never informed me about before).

The company is not responding to my repeated queries and not sending my relieving letter and my balance full and final amount.

Kindly Suggest What Should I Do

Thanks and regards

Probation Period and Confirmation

At the end of the probation period, if the employer decides to extend the probation for a further period, they must inform you before the initial probation period ends. If no probation extension letter is issued, it is considered that you are a confirmed employee. A confirmation letter is not mandatory or a statutory requirement.

Notice Period and Final Settlement

To the best of my knowledge, you are required to serve a 90-day notice or adjust the notice pay accordingly. The best approach is to contact the HR/HOD/Senior management team and request a waiver of the notice period to clear any remaining FnF/Relieving balance. Wishing you all the best.

As per the appointment letter, "The company will confirm in writing my appointment upon satisfactory completion of my probationary period, or any extension of it."

Dear Vishal,

The uncommunicated confirmation of your employment status before your resignation has no relevance. The company's action is incorrect if your appointment letter clearly specifies that confirmation will be communicated through an official order. In that case, confirmation cannot be assumed to have occurred before you submitted your resignation.

Dear Sir,

In that case, should I proceed to serve legal notice to the company? If yes, under which act should I proceed? (My basic salary was $11,400 and total net salary was $29,828.)

Thanks & Regards

Response to Legal Notice Inquiry

Your latest post, inquiring about legal notice and the appropriate act under which to proceed, suggests that you are a law student rather than someone experiencing a real issue. If you were truly facing a problem, you would have sought guidance on how to respond after receiving a recovery letter from the company. Upon receiving suitable advice, your initial step should be to address your problem administratively by responding to the recovery letter, instead of contemplating issuing a notice or inquiring about the relevant legal act for court proceedings.

This is not the time for repetitive questions but to respond appropriately to the company's recovery letter, especially when they have not provided any confirmation order to you. You might have considered a legal notice only if the company continued to assume your confirmation. Furthermore, if your problem were genuine, what action would knowing the applicable legal act serve when the case would be handled by your lawyer? Moreover, would you rather spend more on legal fees and other expenses than on recovering your owed basic salary for the 34 days (54 total days minus 20 days) from the company?

Regards

Understanding Probation and Confirmation

There is no deemed confirmation. Though there is no law in support other than an official document like certified Standing Orders of the company, many court rulings support that unless intimated in writing of their confirmation, an employee will continue to be under probation. If you are sure that you were not intimated of the confirmation and have not received any benefits or facilities from the company that are available only to confirmed employees, then only can you start legal proceedings against the company.

My doubt comes from the fact that you have been with the company for the last 2 years and have not taken any initiative to inquire about your status, whether confirmed or still under probation. It may also happen that due to oversight, HR might have missed communicating your confirmation but at the same time put you under confirmed employee status, enabling you to avail benefits or facilities available to confirmed employees. If so, it should only be considered a minor clerical error on the part of the company.

Benefits for Confirmed Employees

Though all statutory contributions and payments like ESI, PF, Bonus, leave with pay, etc., are available to probationers, there are some benefits like advances from the company, leave travel concession, medical facilities to family members (other than that provided by ESIC), and other non-statutory welfare measures, which are available only to confirmed employees. Please check.

Considerations Before Legal Action

Before filing a case against your (past) employer, please understand that you will be wasting your time; obviously, you will have to take leaves very frequently, and you will have to reveal to your present employer that you are fighting a case against your previous employer and the reason is so and so. This information may be irritating for your present employer and may even lead them to think that your probation need not be extended but put an end by giving you a termination letter before you become a confirmed employee!

As already stated, there is no written law on probation and confirmation, and everything depends on the contract of employment or the company's policy. Even the period of probation may be different for two companies. Therefore, take it in good spirit and negotiate with the employer to get relieved. From the information about the salary, it also happens to know that you will not get protection of Labour Laws.

Regards,
Madhu.T.K

Dear Sir,

The company is not responding to my repeated requests sent to them through registered mail, courier, email, and phone. Instead, they sent me a reminder to pay the recovery amount.

Vishalpunj seems to have not noticed the post by me in which I had raised a few questions. I expected answers to at least a few of my apprehensions before he could decide on when to proceed with legal action, but he is just saying that the company is not responding to his calls and emails. Please ensure that you were on probation all this period and you were not communicated of your confirmation despite your requests. This is to bridge some gap in theory and practice.

Madhu.T.K