• Confirmation / probation

Hi,

I work for a 100% subsidiary or an FMCG major (head office: Mumbai). Joined the company in April 2017. The Offer letter clearly states:
"On joining you will be on probation for a period of six months. During the period of probation, your services can be terminated by either party by giving to the other a notice of one month or payment in lieu of such notice."
Now, I have completed 10 months in the organization, but till date there is no official communication of confirmation or extension of the same.
I did have a discussion with my line manager in November 2017 and she did send a mail to the HR confirming me. However, neither is the letter issued, nor are they giving me any clarification on my status.
Asked 8 years ago in Business Law

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9 Answers

you can yourself write a letter to HR department asking for clearance on the issue

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

you have still not been confirmed

you continue to be under probation .

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You have been confirmed automatically upon the completion of 6 months of continuous services, that's because your probation period was a fixed period of 6 months.

As on date, your employment with this co. is confirmed. Whether or not they give you an official confirmation is immaterial.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

If there is no communication regarding confirmation it means the services are confirmed as the in case of extension of probation the letter must have been issued.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) Do keep follow up regarding confirmation of your Services that you have served, some time its may happen mis communication in the line manager and between HR. Try to directly talk to HR head office for normal information they can guide you.

2) You have to solve this issue in the inside of your organization, don't take it outside legally, by mutual talk it can solved some time it happens delay by some reason here and there.

3) If You go for way labour court or way registrar of labour officer situation may get complex as it is private company and your private job.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Once the period of six months is over it is deemed that you are a confirmed employee. After six months they have to follow rules of permanent employee with you. In case of any problem you can seek damages on par with permanent employees.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Dear Sir,

Be on safer side, never remind employer about your temporary nature of status of your employment since it may result into termination of your services. Until you are officially informed about completion of profession he will be treated as only probationer. However be informed that law will presume that your probation is automatically confirmed if there is a delay of 12 months in conforming the same, so keep silent till for the next six months.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

In the given circumstances, you may give a representation in writing to the top management through your head seeking clarification about your confirmation from probation.

If you dont get any communication, then you may decide whether to remain in the same company or to quit the same looking for a better opportunity elsewhere.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Hello,

You may wait for a while.

this takes time in some cases, please keep on pursuing the case with the HR of the company.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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