Hi, Sir, I am working in an MNC company. I joined in December 2021, and my probation period ended, with my extension also completed in October 2022. About 9 months have passed since then. It's now May 2023, and it's been 1.5 years. I haven't received my confirmation letter yet, but I did receive an increment letter. My probation period is 30 days. If I resign from my job, I thought the notice period would also be 30 days. However, HR is saying that since I received an increment, which is equivalent to confirmation, my notice period is 3 months.
In my appointment letter, it is mentioned that "on or before the completion of the probation period or extension thereof, you will be confirmed in employment of the company in writing."
Now, do I need to follow a 1-month notice period and inform HR about this point, or do I need to follow the 3-month notice period?
I have already informed my new company that I will surely join in 1 month.
From India, Coimbatore
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In my appointment letter, it is mentioned that "on or before the completion of the probation period or extension thereof, you will be confirmed in employment of the company in writing."
Now, do I need to follow a 1-month notice period and inform HR about this point, or do I need to follow the 3-month notice period?
I have already informed my new company that I will surely join in 1 month.
From India, Coimbatore
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Hi, Confirmation after probation has to be communicated to the employee in writing, and if not confirmed, the extension of probation should be communicated to the employee. In your case, neither were you confirmed nor did the probation period expire. Under the above circumstances, your employment status should be considered as on a probationary period only. Accordingly, the notice period terms should be one month, as per your statement.
Increment paid cannot be correlated with confirmation.
In conclusion, although you have a valid argument for a one-month notice, try to negotiate with your employer without straining the relationship.
Please refer to the following link:
https://www.google.com/amp/s/www.liv...ationer-147375
From India, Madras
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1015Increment paid cannot be correlated with confirmation.
In conclusion, although you have a valid argument for a one-month notice, try to negotiate with your employer without straining the relationship.
Please refer to the following link:
https://www.google.com/amp/s/www.liv...ationer-147375
From India, Madras
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Hi Arun,
I went through your posting. The notice period for you is one month because you have not been confirmed by the management so far. Therefore, your status continues as a probationer, and the terms and conditions remain the same as for a probationer. The salary increment doesn't change the status of a probationer unless your management confirms your services in writing. Furthermore, a salary increment is given to match the market price rise or inflation.
What your HR is telling you has no basis or ground to support their stand. Your probation period is one month at the present stage. Don't get entangled with the words of HR because the law and rules say so. In many appointment letters, a line is mentioned that "The services stand confirmed on completion of the probation period," in this case, there is no need for a separate confirmation letter. Hope this is clarified.
From India, Mumbai
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I went through your posting. The notice period for you is one month because you have not been confirmed by the management so far. Therefore, your status continues as a probationer, and the terms and conditions remain the same as for a probationer. The salary increment doesn't change the status of a probationer unless your management confirms your services in writing. Furthermore, a salary increment is given to match the market price rise or inflation.
What your HR is telling you has no basis or ground to support their stand. Your probation period is one month at the present stage. Don't get entangled with the words of HR because the law and rules say so. In many appointment letters, a line is mentioned that "The services stand confirmed on completion of the probation period," in this case, there is no need for a separate confirmation letter. Hope this is clarified.
From India, Mumbai
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