Can an Employee Resign Immediately if Not Confirmed After 1.3 Years? Legal Insights Needed

Jagdish sai ram
Employee Confirmation and Legal Action

If an employee has joined an organization and hasn't been confirmed by the management for 1.3 years, and no probation extension letter has been provided by the organization for his extension, what are the implications? Now, when the employee is asking for a confirmation letter, they are saying, "You are a non-performer, that's why we are not confirming you as a permanent employee." Moreover, even though they took an appraisal form from him and a manual confirmation was given to him, which was signed by his immediate boss.

Now, he is claiming that with all this evidence, he wants to go to the labor court against the company. Will that be beneficial to him? He states, "I want to resign from my services with immediate effect of a 24-hour notice."
Kritarth Consulting
The Probationer, on completion of his/her Probationary Period as stated in his/her Appointment Letter shall be "deemed to have been confirmed" even when No Confirmation Letter was put through or issued. Or before the completion of the Probationary Period, s/he was not informed in writing that his/her Probationary Period would stand extended by another definitely mentioned P Period.

Kritarth Team

28.9.18
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