I am a Vice President in a company which is listed on the BSE/NSE. My appointment letter states that I shall be on probation for 6 months, or until such a period that I get my confirmation in writing. I have worked for over 26 months in this company and am still on probation. Is there a time limit for the period of probation, and what if I want to leave the company or am sacked? Are there any specified rules for this? To date, no employee has received any confirmation letter; some have even served for more than 1-2 years.
From India, Hyderabad
Acknowledge(0)
Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Vipen_Seth,
As per the Industrial Dispute Act, if an employee works in an organization for more than 240 days, they will be entitled to all the benefits of a permanent employee. Since you have crossed this threshold and the organization has not provided you with any letter regarding your confirmation or termination of service, you are impliedly confirmed (confirmed by the act of the employer). Therefore, legally, you are confirmed as a permanent employee and not on probation. If you wish to leave the organization, you must follow the process outlined in the exit clause of your appointment letter. You are subject to all the rules and regulations that apply to permanent employees.
For more HR-related information, you can visit: [White Eagle: legal aspect for Notice pay](http://kuldeeprathore.blogspot.com/2009/08/legal-aspect-for-notice-pay.html)
From India, Hyderabad
Acknowledge(0)Amend(0)
24As per the Industrial Dispute Act, if an employee works in an organization for more than 240 days, they will be entitled to all the benefits of a permanent employee. Since you have crossed this threshold and the organization has not provided you with any letter regarding your confirmation or termination of service, you are impliedly confirmed (confirmed by the act of the employer). Therefore, legally, you are confirmed as a permanent employee and not on probation. If you wish to leave the organization, you must follow the process outlined in the exit clause of your appointment letter. You are subject to all the rules and regulations that apply to permanent employees.
For more HR-related information, you can visit: [White Eagle: legal aspect for Notice pay](http://kuldeeprathore.blogspot.com/2009/08/legal-aspect-for-notice-pay.html)
From India, Hyderabad
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Appointment Letter to an Employee for fixed period.doc