Anonymous
7

Hi Seniors,
In a company (in bangalore), the probation period is for 6 months, during which the notice period is 15 days from either side.
On completion of the said period, the notice period is two months, from either side.
No CL or paid leave is permitted during the probation period. LTA is part of CTC and is paid on completion of eleven months and there after every 12 months subsequently.
Even after one year, the probation is not formally confirmed or extended either.
In such case,
(a) What will be the notice period applicable ?
(b) What about the eligibility of earned leave, since the employee has already completed more than 365 days int he company, less 10 or 12 loss of pay leave availed ? Is the employee eligible to claim encashment of EL and LTA on settlement ?
Please advise.
Raj

From India, Bangalore
bcarya
162

Dear Raj,
Normally the probation period clause in the appointment letter of any organization contain auto extension of probation period. So, if the services were not confirmed after the said period, it can deemed extended for the mentioned period / next 6 months. On such event, all the terms & conditions of probation remain applicable till the services not confirmed in written.
Although, encashment of EL and LTA on settlement will be applicable as per the terms of appointment letter.
Hope this information will helpful for you.

From India, Delhi
pon1965
604

In my knowledge, many organizations don't give in writing about the confirmation after probation period. If they are not confirming in writing, it may be construed as you are confirmed. For the extension of probation period, normally the companies give in writing about the extension.
Pon

From India, Lucknow
fc.vadodara@nidrahotels.com
734

I also second Pon, if no written document is available for extension of probation, then after expiry of the probation the employee is deemed to be confirmed. So all the Leaves/LTA as mentioned in the Appointment Letter is applicable and can be availed/encashed as per the terms mentioned in the Appointment Letter/Employee Handbook/Policy
From India, Ahmadabad
bcarya
162

I am completely agree with the views of Mr. Pon and Mr. Saji. But, it depends on the Probation Clause.
I will request Mr. Raj to plz. share the probation clause as it is mentioned on the appointment letter.
It is much better before coming on any conclusion.

From India, Delhi
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