Confused About Notice Period After Probation Without Confirmation Letter? Let's Discuss

Probation Period

As per my contract, my probation period ended in August 2022. However, I have still not received my confirmation letter, even after requesting it. I am currently looking for other opportunities, and during the probation period, the notice period is one week. Will that still apply, or will a two-month notice period apply after the confirmation of probation?

I don't think there is anything called "automatic confirmation" once your probation ends.

Probation and Confirmation Clauses in Employment Contracts

In an employment contract, probation and confirmation clauses are available. Probation can be for 3 months, 6 months, or one year, in accordance with the company's policies. Any employee, upon joining, shall be placed on probation for a prescribed time. After completing the probation period, he/she shall be confirmed in service. Some reputed companies issue a letter of confirmation after the completion of probation, while others do not issue such a letter. However, if a probation period is extended by management, a probation extension letter is issued.

As you have not received a probation extension letter, it is deemed that you are confirmed in the services of the company. The separation clause applicable to confirmed employees of your company shall be binding on you.

You have to refer to your appointment letter. Is there a mention of written confirmation only, or is there an auto-confirmation after the probation period is over, etc.?

I have a different view from that of Mr. R.K.N based on judicial decisions regarding the status of a probationer not declared by the employer in writing to have completed the period of probation and his deemed confirmation on the job.

A probationer continues to be a probationer irrespective of the lapse of time already fixed until the employer puts it in writing about the fact of his confirmation on the job. Therefore, if the employee intends to leave the job in such a situation, the notice condition would be the same for a probationer only.

There is no automatic or deemed confirmation on expiration of the period of probation unless there is such a provision in the service rules or the contract of employment.

My opinion is that you should review your case with existing employees in your organization. You are the only one who has not received a confirmation letter in your organization, or the organization may have many more employees who, though they completed probation as per the appointment letter, have been in the service for years.

In some organizations, employers do not issue such letters, but employees still work until retirement based on performance and mutual understanding between employer and employee. In India, there are many organizations that follow such practices. However, you should still confirm your doubts with whomever you report to and make the appropriate decision.

Regards,
Prashant

To add to what the learned Shri Umakanthan Sir said above, confirmation in service denotes a change in the status of the employee, so it has to be communicated. Like an appointment in service or termination of service, they become effective only after the order is communicated to the employee concerned.

Confirmation in service means one is becoming a permanent employee, entitled to the substantial post and pay, and it can be deprived only after complying with due process of law. Presumably, the querist has not been given the associated perks and increment, so it all points out no change in the status of being a probationer.