Employee Still on Probation After a Year: Is He Confirmed or Not?

What is the process for confirmation for any employee as it's mentioned in the offer letter for 6 months as a probation, but he has been working for more than 1 year and still has not been confirmed? He has received all the benefits like PL, SL, CL. Will this employee be considered a confirmed employee or still be regarded as a probation serving employee?

Hello Rohit, usually, probation is 6 months, and then the employee gets confirmed. It depends on his performance whether to confirm him in the 6-month probation period or extend the probation period by 3 months or so. You will have to check your appointment letter terms to see what it states about the confirmation period.

Furthermore, a confirmed employee will be eligible for leaves. However, it depends on the company policy, as some companies grant leaves (sick leave and casual leave) during the probation period instead of enforcing them as unpaid leave or providing employees with advance leave.

Hi,

If an employee has already completed the probation period and has demonstrated satisfactory performance during this period, issue a confirmation order.

Hello Mr. Rohit,

If the employee has completed his probation period, kindly collect the probation performance assessment form from his HOD. Based on the rating and HOD's remarks in the form, you can either confirm him, extend the services, or discharge the services.

Confirmation Process for Employees

There is no automatic confirmation unless otherwise specified in the company's standing order or appointment letter. If it is stated in the letter of appointment that the employee will be confirmed only when communicated about their confirmation, then that is the process to follow.

There is no law preventing an employee on probation from taking leaves. If they have been working for more than one year, they should naturally be eligible for Earned Leave (PL) in addition to being eligible for casual leave and sick leave, similar to other employees of the company. Even a notice and compensation for retrenchment is required if you want to terminate their service for any reason that allows for retrenchment. (Please note that this applies to retrenchment following section 25F or 25N of the ID Act.)

Though a probationer can be terminated without assigning a reason for termination, it will be illegal if that termination causes a stigma. Since the employee has been working with you for one year and you have not appraised them or found any negative issues, termination would cause stigma. Therefore, if you have not changed the status of the employee, you should do so now. Obviously, you should collect feedback from their reporting officer, but only for the sake of complying with formalities.