if an employee in on 6 months probation period and at the end of probation period he is not given any confirmation letter of being a permanent employee then does by default the very next day of completion of 6th month he becomes a permanent employee of the company?
From India, Delhi
From India, Delhi
NO, it cannot be assumed this way.
Go through the appointment letter details and read if carefully again. There might be a section named "Probation " which clarifies your point. A standard line written in most of the letter is "The probation period will be assumed to have been extended until such time as you receive your confirmation in writing. " or somewhat in twisted language.
You are a permanent or confirmed employee ONLY after you get the same in writing, else you will continue in probation period..
From India, Delhi
46Go through the appointment letter details and read if carefully again. There might be a section named "Probation " which clarifies your point. A standard line written in most of the letter is "The probation period will be assumed to have been extended until such time as you receive your confirmation in writing. " or somewhat in twisted language.
You are a permanent or confirmed employee ONLY after you get the same in writing, else you will continue in probation period..
From India, Delhi
What happens if a probationer is not issued any communication about his confirmation or otherwise but he is given a rise in salary (after completion of 6 months of probation), along with annual increments given to all employees.
From India, Ahmadabad
From India, Ahmadabad
Dear sir,
Prior to passing of the Indl.Employment(Standing Orders) Act ,1946,the conditions of employment in several establishments were governed by contracts between employers and employees.So what was used to be governed by any contract, would now be governed by the Standing orders. The object/ purpose of the Act, is to bring uniformity while removing anamolies in various types of prevailing employment conditions thus existed.
The Standing Orders are binding on employers as well the employees. The agreement providing for six months probation is in contravention of SOs as it prescribes only three months period to become permanent employee.It is further extendable, ie prob. period for another three months is also allowed as a last opportunity to both parties.
It is advisable to build up record to substantiate action of removing employee on probation when employer having given extension of probation period, concerned employee yet did not meet expected performance.
Thanks and regards,
RDS Yadav
DIRECTOR-FUTURE INSTT.OF MANAGEMENT AND TECHNOLOGY
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
Prior to passing of the Indl.Employment(Standing Orders) Act ,1946,the conditions of employment in several establishments were governed by contracts between employers and employees.So what was used to be governed by any contract, would now be governed by the Standing orders. The object/ purpose of the Act, is to bring uniformity while removing anamolies in various types of prevailing employment conditions thus existed.
The Standing Orders are binding on employers as well the employees. The agreement providing for six months probation is in contravention of SOs as it prescribes only three months period to become permanent employee.It is further extendable, ie prob. period for another three months is also allowed as a last opportunity to both parties.
It is advisable to build up record to substantiate action of removing employee on probation when employer having given extension of probation period, concerned employee yet did not meet expected performance.
Thanks and regards,
RDS Yadav
DIRECTOR-FUTURE INSTT.OF MANAGEMENT AND TECHNOLOGY
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
Dear sir,
In addition to my earlier post, I wish to suggest precaution here for future- In offer/ appointment letter, do not keep open/ blank prob.period.If it is practice still followed as no one in past felt necessary to frame out lawful T&C for employment, you have to do in consistency in line with regulatory provisions or Law of land hereafter.
Thanks and regards,
RDS Yadav
DIRECTOR-FUTURE INSTT.OF MANAGEMENT AND TECHNOLOGY
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
In addition to my earlier post, I wish to suggest precaution here for future- In offer/ appointment letter, do not keep open/ blank prob.period.If it is practice still followed as no one in past felt necessary to frame out lawful T&C for employment, you have to do in consistency in line with regulatory provisions or Law of land hereafter.
Thanks and regards,
RDS Yadav
DIRECTOR-FUTURE INSTT.OF MANAGEMENT AND TECHNOLOGY
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
There Goes the Old Joke.
In any private company, " Nobody is Permanent and all are Temporary. Some are for Months and some for Years, that is the Only Difference." This is true even for today..
But let me ask you, what is the material difference if a person is made permanent and if one is kept on probation?
Now, please do not answer me, "Service of a Probationer is anytime terminable and that of a Permanent is not."
The answer lies in our mindset when we design HR policies.
From India, Kolhapur
In any private company, " Nobody is Permanent and all are Temporary. Some are for Months and some for Years, that is the Only Difference." This is true even for today..
But let me ask you, what is the material difference if a person is made permanent and if one is kept on probation?
Now, please do not answer me, "Service of a Probationer is anytime terminable and that of a Permanent is not."
The answer lies in our mindset when we design HR policies.
From India, Kolhapur
Dear Chawla ,
There is a case law on this , exact No. I dont remember .It States , Mgt has to info individual in writing before expiry of Probation Period , that his /her Probation period has been extended up to so many Days with valid reason .In abscence of such letter / Communication from Mgt , it is understood Individual is Permanant .
Regards
From India, Mumbai
There is a case law on this , exact No. I dont remember .It States , Mgt has to info individual in writing before expiry of Probation Period , that his /her Probation period has been extended up to so many Days with valid reason .In abscence of such letter / Communication from Mgt , it is understood Individual is Permanant .
Regards
From India, Mumbai
Dear @ Chawla, according to the private organizations Nobody is Permanent and all are Temporary, because you see them terminate when they decide, or continue without an appointment letter, so I would say the employee should get a written letter which clarifies his/her role and contract status, otherwise the Employee has the right to leave without notice.
Regards,
Daud A.
From Somalia, Mogadishu
Regards,
Daud A.
From Somalia, Mogadishu
Completion of probationary period does not give you a right of permanent appointment.
A probabtioner after completing his probationary period is evaluated and then it is upto the company to either terminate or confirm his service. Unless such confirmation is received one does not get permanent appointment.
However, if a company does not confirm/ terminate the probabtioner after completion of probationary period but intentionally keeps him as probationer for a long period in order to deprive him of statutory benefits payable to a permanent employee, the such behavior attracts unfair labour practice.
For more info, please check my blog - www.labourlawhub.com
From India, Kolkata
A probabtioner after completing his probationary period is evaluated and then it is upto the company to either terminate or confirm his service. Unless such confirmation is received one does not get permanent appointment.
However, if a company does not confirm/ terminate the probabtioner after completion of probationary period but intentionally keeps him as probationer for a long period in order to deprive him of statutory benefits payable to a permanent employee, the such behavior attracts unfair labour practice.
For more info, please check my blog - www.labourlawhub.com
From India, Kolkata
It is one of the best practise to have a clause in the probation order detailing what happens if the probationer is not issued a confirmation on completion of probation. In the absence such a clause, it could be deemed permanent, if the probationer completes 240 days of service.
A decision either to confirm or extend or terminate the probationer has to be taken on or before completion of the probation period and communicated appropriately. In case the date is slipped and you want to terminate the probationer, the best option could be extend the probation and make sure he is terminated on the date of completeion of extended probation.
bgramesh, hosur
From India, Vellore
A decision either to confirm or extend or terminate the probationer has to be taken on or before completion of the probation period and communicated appropriately. In case the date is slipped and you want to terminate the probationer, the best option could be extend the probation and make sure he is terminated on the date of completeion of extended probation.
bgramesh, hosur
From India, Vellore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Appointment Letter to an Employee for fixed period.doc