If the probation of an employee is for one year and he is not confirmed, or if the probation is not extended after the completion of one year, after what period (how many months) does he get automatically confirmed according to the regulations? Please clarify.
From India
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From India
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If you do not receive any written letter from HR regarding your confirmation, as per my knowledge, after the completion of the probation period, you are automatically deemed a confirmed employee of the company.
From India, Surat
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4From India, Surat
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I have received the confirmation letter from the Head of the institution. However, now due to an ego clash, he claims that he is not supposed to give the confirmation and it has to be given by the governing body. I am working in an autonomous institution registered under the Societies Act and funded by the government. The Memorandum of Association of the organization states that officers are appointed by the governing body, but it does not specify that such appointments need to be confirmed by the governing body. Additionally, to date, all confirmations have been carried out by the Head of the Organization alone. In my case, he issued the confirmation letter, but he now insists that it must be ratified by the governing body. He has the power to influence the governing body and potentially overturn the confirmation. However, is such an action legally viable?
Regards,
Satheesh
From India
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Regards,
Satheesh
From India
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Here I have a different opinion given by Mr. Dharmesh. A probationary period is effectively a separate 'fixed term' employment contract that precedes your permanent employment relationship. However, the employee doesn't receive any letter pertaining to the conversion/confirmation of his employment. Hence, it seems to be legally invalid or inappropriate to assume that the employee is confirmed in terms of the employment contract. Furthermore, it couldn't be accepted by any government/private entities across the country.
Regards,
Janardan
From India, Mumbai
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Regards,
Janardan
From India, Mumbai
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Please check if there is any wording in the probation order that states confirmation requires an order in writing and also states that the absence of any letter of extension of probation should not be deemed to be confirmed. If these conditions are present, you cannot consider it confirmed.
From India, Chennai
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From India, Chennai
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No such clause in the appointment letter. It just says that I will be on probation for one year from the date of joining.
From India
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From India
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Unless and until it is conveyed explicitly in writing by the appropriate appointing authority confirmation can not be assumed. Better to discuss with the concerned and decide accordingly.
From India, Chennai
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From India, Chennai
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plz confirm as per labor law probatation period, its depends on companies or by labor law.. plz advise... thx....
From Saudi Arabia, Riyadh
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From Saudi Arabia, Riyadh
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Confirmation Format (Probation).xls
PROBATION CONFIRMATION FORMATE.doc