Dear Seniors,
I am working in an Retail Sector as an Associate Manager- HR. Its a 2 years old company.
We are having Manpower strenght of 250 employees. Employees are segreted in 2 ways.
1. HO Staff
2. Store Satff
Problem is that we have not given confirmation letter to any employees who have completed their probabation period.Acc. to Appoitment letter HO Staff having a Notice Period of 1 month & Store Staff having a Notice Period of 15 day but Employees are giving resignation by giving 1 day notice period. When asked to serve a notice period they reply as where is the confirmation letter. We are not confirmed employees.
Please suggest me is it compulsory to give confirmation letter to the employees or thet automatically get confirmed after 1 year.Their are employees in our company who are working from last 2 years without confirmation letter.
What to do??
Need help:(:(
Regards
Smita Uppal
From United States, Houston
I am working in an Retail Sector as an Associate Manager- HR. Its a 2 years old company.
We are having Manpower strenght of 250 employees. Employees are segreted in 2 ways.
1. HO Staff
2. Store Satff
Problem is that we have not given confirmation letter to any employees who have completed their probabation period.Acc. to Appoitment letter HO Staff having a Notice Period of 1 month & Store Staff having a Notice Period of 15 day but Employees are giving resignation by giving 1 day notice period. When asked to serve a notice period they reply as where is the confirmation letter. We are not confirmed employees.
Please suggest me is it compulsory to give confirmation letter to the employees or thet automatically get confirmed after 1 year.Their are employees in our company who are working from last 2 years without confirmation letter.
What to do??
Need help:(:(
Regards
Smita Uppal
From United States, Houston
Dear,
That is absolutely right.
If the employee is not confirmed,he can do that.
But it is also depend on notice period policy.
I think there is no harm in issuing the confrimatioin letter.
I have worked in this type of industry. we used to issue confirmation letter to the employees.
Pls issue the letters.
Regards
Vipin:icon1::icon1:
From India, New Delhi
32That is absolutely right.
If the employee is not confirmed,he can do that.
But it is also depend on notice period policy.
I think there is no harm in issuing the confrimatioin letter.
I have worked in this type of industry. we used to issue confirmation letter to the employees.
Pls issue the letters.
Regards
Vipin:icon1::icon1:
From India, New Delhi
I partially dis-agree with Adi Manav.
Issuing confirmation means acknowledging employees satisfatory perforamnce leading to his confirmation.
Even though if you did not issue confirmation letter after serving probation period by an employee he is deemed to be confirmed employee there are many Supereme Court Judgements on this..Confirmation is not mandatory because this depends on internal administrtive procedure and system of companies what system support cross varification for eligibility of certain benefits if there is policy to date of confirmation to calculate some benefits from that date. Then this become system and procedure requirement but not necessary requirement of law.
RashidBhai
From Saudi Arabia
Issuing confirmation means acknowledging employees satisfatory perforamnce leading to his confirmation.
Even though if you did not issue confirmation letter after serving probation period by an employee he is deemed to be confirmed employee there are many Supereme Court Judgements on this..Confirmation is not mandatory because this depends on internal administrtive procedure and system of companies what system support cross varification for eligibility of certain benefits if there is policy to date of confirmation to calculate some benefits from that date. Then this become system and procedure requirement but not necessary requirement of law.
RashidBhai
From Saudi Arabia
You are right Mr.Rashid..Confirmation letter is administrative requiement not legal requirement. Law only see the terms of appointment in appointment and after complition of probation employee is automatically confirmed in the services if he is not given any extension of probation letter in writting on or before last date of his probation.
If no such extension is given or further notification then his status of employment is regular employee in other words its call confirmed or permanent employee also there are many such terms exist which are not mentioned in the books of employment or labour law's.
Most of the people in private sector companies work for many many years without any confirmation letters that does not mean all these people are deprived of their lawful rights. Because law distinguish between permanent tenure of employment as regular nature of work and casual or intemitant nature of work resulting in break in services or employment.
Badlu
From Saudi Arabia
If no such extension is given or further notification then his status of employment is regular employee in other words its call confirmed or permanent employee also there are many such terms exist which are not mentioned in the books of employment or labour law's.
Most of the people in private sector companies work for many many years without any confirmation letters that does not mean all these people are deprived of their lawful rights. Because law distinguish between permanent tenure of employment as regular nature of work and casual or intemitant nature of work resulting in break in services or employment.
Badlu
From Saudi Arabia
dear
i too agree with mr Badlu.for the management benefit confirmation letter is to be given.
see if u are not giving confirmation letter than legally after cetain period employee will claim benefits of confirmation but if they leave service than they sat that we are not confirm ,so in my vierw issue confirmation letter.
tks
js malik
From India, Delhi
i too agree with mr Badlu.for the management benefit confirmation letter is to be given.
see if u are not giving confirmation letter than legally after cetain period employee will claim benefits of confirmation but if they leave service than they sat that we are not confirm ,so in my vierw issue confirmation letter.
tks
js malik
From India, Delhi
Dear All Thanks a lot for providing me information.
Special Thanks to Mr. Malikjs & Mr. Badlu.
Ok I will give confirmation letter to all the employees.
But I also need suggestion if in case Management will not be ready to give confirmation letter to employees then what to do?? How to convince the employee that they are confirmed employee once they have completed probabation period.
Again same problem, employees will not serve notice period.
Please provide some valuable input & help me.
Regards
Smita Uppal
From United States, Houston
Special Thanks to Mr. Malikjs & Mr. Badlu.
Ok I will give confirmation letter to all the employees.
But I also need suggestion if in case Management will not be ready to give confirmation letter to employees then what to do?? How to convince the employee that they are confirmed employee once they have completed probabation period.
Again same problem, employees will not serve notice period.
Please provide some valuable input & help me.
Regards
Smita Uppal
From United States, Houston
dear
you tell mangement it is good for us and if u remove someone and you have not confirmed him than also he can claim permanancy on the basis of his service in company but other way u can not claim.
so on management point of view it is bewtter to issue confirmation letter ,if mgt donot agree than donot take tension,keep quite.
tks
js malik
From India, Delhi
you tell mangement it is good for us and if u remove someone and you have not confirmed him than also he can claim permanancy on the basis of his service in company but other way u can not claim.
so on management point of view it is bewtter to issue confirmation letter ,if mgt donot agree than donot take tension,keep quite.
tks
js malik
From India, Delhi
You can add a clause in your appointment letter that "your probation will be for X months and you shall be confirmed employee of the organization unless otherwise specified in writting" Thanks
From India, Faridabad
From India, Faridabad
Dear Smitha
As a organisation , you need to adopt certain methodologies and standards.. Issuing a Confirmation letter is a mandatory thing.. mainly in IT Sector... Since some of the things are assigned only after serving the probition period... say for example.. a fresher joins as a trainee.. and is to be promoted as a s/w Engineer... so in this case until you issue a confirmation letter , he can not be promoted... so accordingly to the appointment letter ...you have to issue it...
Regards
Valli
From India, Bangalore
As a organisation , you need to adopt certain methodologies and standards.. Issuing a Confirmation letter is a mandatory thing.. mainly in IT Sector... Since some of the things are assigned only after serving the probition period... say for example.. a fresher joins as a trainee.. and is to be promoted as a s/w Engineer... so in this case until you issue a confirmation letter , he can not be promoted... so accordingly to the appointment letter ...you have to issue it...
Regards
Valli
From India, Bangalore
Mr.Talli,
You have described internal management system that works on the principles of management approved police guidelines which is different from companies to companies. This does not mean its mandatory to all companies to follow your policies and procedures and systems. Therefore we discuss here what is globally and universally practiced or within context of Government Enacted labour laws.
Regards
Abraham
From Saudi Arabia
You have described internal management system that works on the principles of management approved police guidelines which is different from companies to companies. This does not mean its mandatory to all companies to follow your policies and procedures and systems. Therefore we discuss here what is globally and universally practiced or within context of Government Enacted labour laws.
Regards
Abraham
From Saudi Arabia
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.
Death while in service letter for pf death claim.docx
Offer letter.pdf