Is an Employee Automatically Confirmed After 240 Days Without Written Notice Post-Probation?

Automatic Confirmation After Probation Period

Will an employee be automatically confirmed after completing 240 days in the organization if they haven't received written confirmation after the initial 180-day probation period stated in the appointment letter? The letter specifies that they won't be considered permanent unless a written confirmation is issued after probation and the employee has completed one year in the organization. If the employee resigns after one year but is asked to serve a two-month notice, does the absence of written confirmation mean automatic confirmation after 240 days?

Hi, unless a confirmation letter is issued to the employee, completing 180 days or more does not automatically confirm their employment. If there is a resignation during the probation period, the notice period clause will apply. The employer cannot require a longer notice period.

Confirmation of an employee in service

Confirmation of an employee in service means and implies a change in the status of the employee. Confirmation accords substantive status to the employee, and it cannot be altered to the prejudice of the employee. Particularly when the rules provide for a written order of confirmation, there cannot be any presumption or assumption by lapse of time.

Benefits upon completion of probation

Certain organizations give some benefits, such as increased pay, entitlement to certain types of leave like EL/PL/AL, and certain other perks, upon completion of probation. Have any of these benefits occurred? If not, then the probation period is deemed to continue.