Am I Still on Probation or a Permanent Employee? Seeking Clarity on My Job Status

Dear Sir, I am working in a charitable hospital. I joined in June 2019, and at the time of joining, a contract was signed. In the contract, it was stated that the initial six months constitute my probation period. Following this, the management conducts an assessment and then confirms me. If I am unable to satisfy them, they have the option to extend the probation period for an additional three months. It has now been around eleven months, and I have not received a confirmation letter nor have I been provided with any further contract regarding an extension of my probation. Despite this, I am still working there.

Kindly guide me on my current position in accordance with legal norms. Should I consider myself a permanent or regular employee, or am I still in the probation period until I receive a confirmation letter?

Please provide your valuable guidance.

Thank you.

Strictly as per the contract, you are not yet a confirmed employee. Please speak to HR and HoD to check whether there is any hitch in giving a letter of confirmation.

Legal Meaning of Probation

Generally speaking, the legal meaning of the word "probation" is an act of proving or trial, test, and time of novitiate (the period or state of being a novice). The honorable Supreme Court again diagnosed the legal meaning of "Probation Period" in Oil and Natural Gas Commission vs Dr. Mohd. S. Iskender Ali [1980 AIR 1242, 1980 SCR (3) 603], where the court remarked:

“A temporary employee is appointed on probation for a particular period only in order to test whether his conduct is good and satisfactory so that he may be retained.”

The Constitution Bench, which dealt with the case reported in State of Punjab v. Dharam Singh [AIR 1968 SC 1210], while distinguishing the other line of cases, held that the presumption about continuation beyond the period of probation as a probationer stood negatived by the fixation of a maximum time limit for the extension of probation. Consequently, in such cases, the termination after the expiry of the maximum period up to which probation could be extended was held to be invalid, inasmuch as the officer concerned must be deemed to have been confirmed.

So, if as per your contract the maximum time allowed for probation extension is over, then you can be classified as a permanent employee. But for this, the contract has to be read thoroughly.

You can read this http://www.shramsamadhan.com/p/blog-page_6.html

Hi Ishant, as far as I know, there are various time periods in vogue all over the world. The probation period normally varies from 3 months to 2 years. Lots of entities, especially in the private sector, either delay or are not prompt in issuing a confirmation communication. Of course, there are not too many instances of 'extension of probation' letters being issued. There are also instances where an incumbent gets an increment after completing one year of initial service even without having been issued a formal letter of 'completion of probation' period. To my knowledge, there is no strict labor legislation enacted addressing the 'probation period' issue as well. That's why all these confusions.

Coming back to your case, my opinion is that you, having completed 11 months and completing 6 months of the probation period, it appears there is no adverse assessment of your performance. Maybe you will wait for 12 months to be completed, and a fresh assessment will be done, likely resulting in an annual increment if your assessment reveals 'good/satisfactory' performance. One more month, I think you can wait. I don't think you should worry too much, provided you are confident that your performance, attitude, etc., are good. Ensure that you don't strain the rapport with your bosses.

Dear friend,

From your post, it cannot be inferred that your probation period is extended. Since your probation period is only 6 months, it could be construed that your probation period is over, and you have become a confirmed employee - as you have not been given any extension letter of probation.

To enable a concrete insight into this issue, it would be better to send a copy of your employment contract.

Dear colleague, The hospital management has clearly breached the terms of the contract. By keeping silent about informing you how you performed during the initial period of six months' probation or any supposedly extended period, or even thereafter till now, you shall be deemed to be confirmed.

I suggest you write to the management, giving facts about your probation period and the management's failure to inform you about the confirmation. Do write that in the absence of any communication from them about performance/confirmation, you are treating your services as confirmed.

Regards, Vinayak Nagarkar HR and Employee Relations Consultant

The facts posted suggest that you have completed the maximum period of probation as provided and you are securely continuing in employment even though you have not been informed of being confirmed. In my understanding, this aspect need not be a point of botheration unless the lack of confirmation entails any disadvantage or deprivation vis-a-vis your peers.