What Should You Do When Your Probation Isn't Confirmed or Extended? Legal Insights Needed

What are the legal limitations if your manager is neither communicating probation extension nor issuing a confirmation letter even after the completion of one month or more into the probation period?

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In this situation, it is important to address the lack of communication from the manager regarding the probation period. It is essential for both the employer and the employee to have clear documentation and communication regarding any extensions or confirmation of the probationary period. Failure to provide such information can lead to uncertainty and potential legal issues. It is advisable to seek clarification from the manager and, if necessary, consult with HR or legal counsel to understand your rights and options in this scenario.

Probation Period and Employer Obligations

If an employee is not formally declared by the employer to have satisfactorily completed the period of probation upon the completion of the prescribed or extended time, the employee would be deemed a probationer unless there is a deeming provision in the service regulations to the contrary.

It is important that the declaration of probation by the employer must be in writing. If the practice continues for an indefinitely long period, it would be considered an unfair labor practice on the part of the employer.