Confirmation at the end of probation period is not mandatory. Employees not delivering the desired level of performance can be given another chance to improve their performance by extending their probation period. This has usually to be accompanied by proper counseling.
If a formal communication has been made by the employer about an extension of probation period & if provisions of statutory compliance like EPF, ESI etc.. are not being violated by the employer, this extension of probation period can be deemed to be a notice by the management for separation from the company.
From India, Delhi
455If a formal communication has been made by the employer about an extension of probation period & if provisions of statutory compliance like EPF, ESI etc.. are not being violated by the employer, this extension of probation period can be deemed to be a notice by the management for separation from the company.
From India, Delhi
I think there is a judgement by Supreme Court that employee who have worked more than 240 days will be deemed as confirmed employees now. And if employer wants to extend the probation period they need to give this in written to employee after end of firstly mentioned probation period. Please show some light upon it.
From India, New Delhi
From India, New Delhi
Jyoti, it appears you are referring to some judgement by Supreme court with respect to confirmation of Govt. employees. In private companies, norms of separation are a part of the Appointment Letter. These norms (called terms & conditions of employment) include the provisions of breaking a contract, since employment is a contract between the employer & the employee. Assuming there is a provision in the terms & conditions of one month notice from either side (or salary in lieu thereof) for separation from the company, there is no obligation on the part of employer to retain an employee, irrespective of his/ her being a probationer or a confirmed employee.
If you are in a position to share a copy of the supreme court judgement, it may be worth studying. If you can not, please don't make any arbitrary references.
From India, Delhi
If you are in a position to share a copy of the supreme court judgement, it may be worth studying. If you can not, please don't make any arbitrary references.
From India, Delhi
Hai friend,
u donot go in compliant nature from the beginning of probation period. First u go through the rules, procedures or interact with ur hr personal for clarifications. Over and all taking in to the consideration of the situation then it is better to think to take the assistance from outside. It is also necessary to submit the evidences to outsider to prove ur case is geniune or not for that also u have to be thorough with ur company rules then only u can give compliant otherwise u will be in negative shade. U have to rise ur voice cool and clam then u will get success.
From India, Visakhapatnam
u donot go in compliant nature from the beginning of probation period. First u go through the rules, procedures or interact with ur hr personal for clarifications. Over and all taking in to the consideration of the situation then it is better to think to take the assistance from outside. It is also necessary to submit the evidences to outsider to prove ur case is geniune or not for that also u have to be thorough with ur company rules then only u can give compliant otherwise u will be in negative shade. U have to rise ur voice cool and clam then u will get success.
From India, Visakhapatnam
Dear All;
Read various comments. Most of them suggest to approach labour department.
I wonder whether this cite is for HR officers or for workers and union? This cite is for HR Officers, as I know.
As HR Officer it becomes your duty to properly guide your employer. Do not act against your employer. It is your skill how you persuade your employer to follow minimum legal formalities. It is true that business is difficult and employers evade legal provisions. But that is their compulsion. Government Officers are to implement legal provisions but admittedly, they fall short of their expected duty accomplishment.
Dear, open your eyes. Use your skills. Do act like a management officer and not like a worker and union.
Vibhakar Ramtirthkar
HR Consultant
SVR Associates
0 9371001906
From India, Pune
Read various comments. Most of them suggest to approach labour department.
I wonder whether this cite is for HR officers or for workers and union? This cite is for HR Officers, as I know.
As HR Officer it becomes your duty to properly guide your employer. Do not act against your employer. It is your skill how you persuade your employer to follow minimum legal formalities. It is true that business is difficult and employers evade legal provisions. But that is their compulsion. Government Officers are to implement legal provisions but admittedly, they fall short of their expected duty accomplishment.
Dear, open your eyes. Use your skills. Do act like a management officer and not like a worker and union.
Vibhakar Ramtirthkar
HR Consultant
SVR Associates
0 9371001906
From India, Pune
Dear Vibhakar,
In India most companies at small level do not follow rules and regulations. All the employer know that they are doing wrong practice, untill and unless they start valuing their employee (which they rarely do), they will not get convinced to follow the rules. A person should show some interest in the topic, after that only you can convince them. Other wise legal process should be followed, so they get a bit threatened, and do change a bit.
You can use your skills surely, but interest of employer should also be there to listen to you.
From India, New Delhi
In India most companies at small level do not follow rules and regulations. All the employer know that they are doing wrong practice, untill and unless they start valuing their employee (which they rarely do), they will not get convinced to follow the rules. A person should show some interest in the topic, after that only you can convince them. Other wise legal process should be followed, so they get a bit threatened, and do change a bit.
You can use your skills surely, but interest of employer should also be there to listen to you.
From India, New Delhi
Just tell that employee to leave the job if his views & management views does not match.
I will tell you what will happen when employee will go to the labour court. They will call that employee and Factory manager/Owner they will try to settle the despute.
Your Factory manager/Owner will accept it but what next....... that employee will definately face problem. Management may stuck him in some wrong case. they may terminate him with some serious remarks.
We cannnot tell. what if management managed Labour officer. what will happen to that employee............
So better not to get into this leave the job.
From India, Hyderabad
I will tell you what will happen when employee will go to the labour court. They will call that employee and Factory manager/Owner they will try to settle the despute.
Your Factory manager/Owner will accept it but what next....... that employee will definately face problem. Management may stuck him in some wrong case. they may terminate him with some serious remarks.
We cannnot tell. what if management managed Labour officer. what will happen to that employee............
So better not to get into this leave the job.
From India, Hyderabad
please read the maternity act.
it is very simple that one has to apply for maternity leave in proper format.
submit it to employer and take his signature,he will follow it.
without following the procedure employer is not bound to pay .
labour office should also be informed well in time o avoid further complication.
take him in confidence an dur problemwill be solved.
no body can terminate ur service. satish verma nashik
From India, Nasik
it is very simple that one has to apply for maternity leave in proper format.
submit it to employer and take his signature,he will follow it.
without following the procedure employer is not bound to pay .
labour office should also be informed well in time o avoid further complication.
take him in confidence an dur problemwill be solved.
no body can terminate ur service. satish verma nashik
From India, Nasik
Some times I marvel at the posts that are out up !
What is your actual problem ?
- not getting leave ?
- not getting maternity benefit (are you pregnant ?)
- not getting confirmation ?
- all of the above ?
Are you being denied confirmation ? Or are you just not getting a confirmation letter ? Have you asked the owners for closing your probation period (there may be performance issues). Have you thought of what defence the company can out for not confirming you ?
Also, most small companies do not bother with paper work and instead concentrate just of their work. If your company is like that, have you checked whether you are confirmed or still on probation. Mostly, a chat with your boss helps resolve such things and you know clearly where you stand. Who knows, may be the matter just skipped his mind as he is used to have you working there and your status was never in question.
If you do not need maternity leave, then what is bothering you ? Let the others to whom it applies bother. You should concentrate on what is important to you.
You are not willing to leave the company though you feel it's a bad place to work. That's really funny. Do you think the company is going to smile and say hello when you file a complain ? Thy will terminate you or simply kick you out and you can't use the experience as they will give a bad review during future background checks.
As for the effectiveness of the legal proceeding, others have already given you a glimpse of what will happen.
I wonder why people are so eager to go for legal action for minor things. When u r at the start of your career, focus on learning and growing so u can get better and more paying jobs. When u r more experienced, the simply chose to work with companies that give you the environment that you want. If you can't get that type of work the probably it's because you are it capable of it. Focus on improving that.
From India, Mumbai
What is your actual problem ?
- not getting leave ?
- not getting maternity benefit (are you pregnant ?)
- not getting confirmation ?
- all of the above ?
Are you being denied confirmation ? Or are you just not getting a confirmation letter ? Have you asked the owners for closing your probation period (there may be performance issues). Have you thought of what defence the company can out for not confirming you ?
Also, most small companies do not bother with paper work and instead concentrate just of their work. If your company is like that, have you checked whether you are confirmed or still on probation. Mostly, a chat with your boss helps resolve such things and you know clearly where you stand. Who knows, may be the matter just skipped his mind as he is used to have you working there and your status was never in question.
If you do not need maternity leave, then what is bothering you ? Let the others to whom it applies bother. You should concentrate on what is important to you.
You are not willing to leave the company though you feel it's a bad place to work. That's really funny. Do you think the company is going to smile and say hello when you file a complain ? Thy will terminate you or simply kick you out and you can't use the experience as they will give a bad review during future background checks.
As for the effectiveness of the legal proceeding, others have already given you a glimpse of what will happen.
I wonder why people are so eager to go for legal action for minor things. When u r at the start of your career, focus on learning and growing so u can get better and more paying jobs. When u r more experienced, the simply chose to work with companies that give you the environment that you want. If you can't get that type of work the probably it's because you are it capable of it. Focus on improving that.
From India, Mumbai
Hi Saswat,
My problems are all of the above and yes I do need maternity leaves. About the point of confirmation, you are still somewhat right about the chances. But I am into the HR of this company, and including me other employees are also suffering from these issues. Not giving even a single leave in probation period of at least 6 months which generally goes beyond one year as well, not forwarding the EL of confirmed employees in next year. When people come to me with their issues and I present in front of the management, they ignore it and simply say that we have this policy and it'll not change. How should I solve this? Yes, I would be requiring maternity leaves after some time, that's why I can not leave this company at this time and can not join any other company as well. So I think it should not be a funny case about my situation. I am concerned about me and other staff members as well that if they do not provide maternity leaves so ultimately one has to leave the company because a gap of 3 months will not be given. So when you ultimately need to leave the company so why not get your rights through legal process. Company is not giving any kind of benefit so they should be taught some lessons any how, if it is ultimately harming you without taking some actions as well.
From India, New Delhi
My problems are all of the above and yes I do need maternity leaves. About the point of confirmation, you are still somewhat right about the chances. But I am into the HR of this company, and including me other employees are also suffering from these issues. Not giving even a single leave in probation period of at least 6 months which generally goes beyond one year as well, not forwarding the EL of confirmed employees in next year. When people come to me with their issues and I present in front of the management, they ignore it and simply say that we have this policy and it'll not change. How should I solve this? Yes, I would be requiring maternity leaves after some time, that's why I can not leave this company at this time and can not join any other company as well. So I think it should not be a funny case about my situation. I am concerned about me and other staff members as well that if they do not provide maternity leaves so ultimately one has to leave the company because a gap of 3 months will not be given. So when you ultimately need to leave the company so why not get your rights through legal process. Company is not giving any kind of benefit so they should be taught some lessons any how, if it is ultimately harming you without taking some actions as well.
From India, New Delhi
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