Is It Normal to Work 1.5 Years Without a Confirmation Letter? What Are My Rights?

Probation and Confirmation Status

A candidate received an offer letter, which mentioned their monthly gross salary, designation, and stated that they would be under a probationary period for up to 6 months. After completing the 6 months, they did not receive any confirmation letter or appointment letter from the company. Currently, more than 1.5 years have passed.

Confirmation and Employee Status

Is the candidate now a confirmed employee?

Eligibility for Bonus and Gratuity

Is the candidate eligible for bonus and gratuity?

Notice Period Requirement

Is the candidate required to serve a 1-month notice period?

Employer's Right to Withhold Relieving

Does the employer have the right to withhold the candidate's relieving, in the case where the employee has no liability with the employer?

Dear Anamika from Kochi,

Please upload the contents of the offer letter to consider factual information in order to reply to your questions.

1.5 years of service does not make one eligible for gratuity.

Thank you.

The Paperless Working Culture

It appears these days the 'paperless working culture' is spreading to newer areas. No appointment letter, no confirmation, no pay slip, etc., is rather becoming the norm, as is seen from queries frequenting this forum.

Clarification on Probation and Confirmation

As regards your query, the position is clarified as follows: Since the appointment order stated that probation is only for six months and in the absence of any adverse order extending the probation, it is to be presumed that the employee is confirmed. Accordingly, the notice period applicable to the confirmed employee would be applicable.

Eligibility for Bonus and Gratuity

Yes, the employee is eligible for a bonus for two accounting years covering the entire period of service. Once the employee is covered under the PB Act, eligibility for bonus payment is there irrespective of being a probationer or confirmed employee. Eligibility for gratuity is only after 5 years of continuous service, and this 1.5 years would count in the eligibility period.

Relieving the Employee

When the employee has no liability to be discharged, it is not proper to withhold relieving the employee. But please see whether the employer could make alternate arrangements in the meanwhile. Probably you may have to put pressure and follow up for being relieved.