Can company keep employee on probation period more than 11 months. DOJ is 26th June. still not confirm. is it legal. almost year.
From India, Mumbai
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3From India, Mumbai
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Period of Probation
The period of probation is predetermined and fixed in the contract of employment. If the employer finds the probationer not suitable, they can either terminate the services or extend the probation period further before the end of the initially determined probation period. Otherwise, the employer must formally declare in writing that the probationer has successfully completed the probationary period and confirm them. However, the employer cannot simply keep the employee indefinitely as a probationer for as long as they desire.
From India, Salem
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The period of probation is predetermined and fixed in the contract of employment. If the employer finds the probationer not suitable, they can either terminate the services or extend the probation period further before the end of the initially determined probation period. Otherwise, the employer must formally declare in writing that the probationer has successfully completed the probationary period and confirm them. However, the employer cannot simply keep the employee indefinitely as a probationer for as long as they desire.
From India, Salem
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If it is explicitly mentioned in the contract of employment that the "initial period of probation of ... months can be extended one more time, if the performance of the staff is found unsatisfactory as against the expected," then certain conditions apply. In such a situation, a benchmark performance criterion may have to be fixed, the compliance of which will entitle confirmation. Otherwise, the services of the staff may have to be terminated. However, endless extension is impossible, as observed by our senior member.
Request the input of the honourable senior members.
From India, Chennai
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Request the input of the honourable senior members.
From India, Chennai
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Confirmation Format (Probation).xls
Appointment Letter to an Employee for fixed period.doc