Mr. MalikJS & Mr Badlu
What if there is a clause in the appointment letter that
" You will be on probation for a period of X Months, which may be extended purely at the discretion of the Management and shall continue to be on probation till your services are confirmed in writing by the Management. In the absence of such letter of confirmation, it will be deemed that your services are not confirmed"
Shall the employee be deemed to be the confirmed employee if the confirmation letter is not issued.
From India, Pune
8What if there is a clause in the appointment letter that
" You will be on probation for a period of X Months, which may be extended purely at the discretion of the Management and shall continue to be on probation till your services are confirmed in writing by the Management. In the absence of such letter of confirmation, it will be deemed that your services are not confirmed"
Shall the employee be deemed to be the confirmed employee if the confirmation letter is not issued.
From India, Pune
Dear mr.Prasad,
You have to ascertain the validity of such clause in light of facts and circumstances of each case to justify that there is no misuse of law or malafide intention of employer. If employee was working on probation beyond 6 months it was not justified in any court of law that even after complition of probation you are neither confirming his services nor terminating him. That means your intention is malafied to exploit this clause in favour of management as per convenience.
This practice is illigal and no court will accept this argument, if you cannot justify why employee is not issued confirmation in writing after socalled clause
"until services confirmed in writing"
Because its not employee who will decide to confirm his own employement but its employer who has to honour his commitment to confirm as per clause after the probation period is over.
But employer, after probation period is over did not confirm in writing the services of employee and employee continued in services for even years in such case do you mean he is not confirmed employee just because he is not confirmed in writting.
That is illthought because law did not support this contention and argument that our HR Department forget to confirm employee therefore he is not confirm because he doesnot have our confirmation letter.
I would like to add that you cannot keep employee on probation for indefinate period until management discretion or in writting. You must have specific period of probation, can you justify keeping employee on probation for 2 years to 10 years....which court will accept this?
Do you find any logic in this?
I think you got my point and for detail please refer many case laws wherein All court cases have gone in favour of employee therefore Confirmation Letter is employers baby and employee need not bother if he is continuing after probation without any official communication for extention of probation.
Badlu
From Saudi Arabia
You have to ascertain the validity of such clause in light of facts and circumstances of each case to justify that there is no misuse of law or malafide intention of employer. If employee was working on probation beyond 6 months it was not justified in any court of law that even after complition of probation you are neither confirming his services nor terminating him. That means your intention is malafied to exploit this clause in favour of management as per convenience.
This practice is illigal and no court will accept this argument, if you cannot justify why employee is not issued confirmation in writing after socalled clause
"until services confirmed in writing"
Because its not employee who will decide to confirm his own employement but its employer who has to honour his commitment to confirm as per clause after the probation period is over.
But employer, after probation period is over did not confirm in writing the services of employee and employee continued in services for even years in such case do you mean he is not confirmed employee just because he is not confirmed in writting.
That is illthought because law did not support this contention and argument that our HR Department forget to confirm employee therefore he is not confirm because he doesnot have our confirmation letter.
I would like to add that you cannot keep employee on probation for indefinate period until management discretion or in writting. You must have specific period of probation, can you justify keeping employee on probation for 2 years to 10 years....which court will accept this?
Do you find any logic in this?
I think you got my point and for detail please refer many case laws wherein All court cases have gone in favour of employee therefore Confirmation Letter is employers baby and employee need not bother if he is continuing after probation without any official communication for extention of probation.
Badlu
From Saudi Arabia
I think it is better to have a "Deemed Confirmation clause" in the Appointment Letter itself.
Your term of probation is of X months and after completion of X months, you will be deemed confirmed, if no probation extension letter issued before the completion of probation period.
Futher, i think this will not required approval of Management and meet the requirements
Regards
Anshulavi
From India, Mumbai
Your term of probation is of X months and after completion of X months, you will be deemed confirmed, if no probation extension letter issued before the completion of probation period.
Futher, i think this will not required approval of Management and meet the requirements
Regards
Anshulavi
From India, Mumbai
dear,
it will be beneficial if you provide the confirmation letter to employee because after that employee's motivation level wiil go high automatically.then they will not think to leave the company.company will able to keep accuracy with experienced persons.
From India
it will be beneficial if you provide the confirmation letter to employee because after that employee's motivation level wiil go high automatically.then they will not think to leave the company.company will able to keep accuracy with experienced persons.
From India
I think, to solve this confusion , in case a company does not desire to issue confirmation letters, a clause should be added to the appointment letter that the employee would be on probation for six months (or 1 year whatever the case may be) beyond which he/she would be deemed to be confirmed if he/she does not receive anything in writing within 3 working days of the completion of six months (or 1 year).
Whatever be the decision of the management regarding the probation, extension of probation and confirmation for the employees, it should be clearly written in the appointment letters. The employees will then get transparency regarding the matter and the management would also remain clear regarding its stand.
Regards
Shaoli
From India, Calcutta
Whatever be the decision of the management regarding the probation, extension of probation and confirmation for the employees, it should be clearly written in the appointment letters. The employees will then get transparency regarding the matter and the management would also remain clear regarding its stand.
Regards
Shaoli
From India, Calcutta
Dear Friends,
I am working multinational company.My confirmation completed on march2009 but i have not recived any confirmation or extention letter my other collegues joined with me recived confirmation letter.I asked HR dept but they did not reply properly.Plz help me and also guide me
From Pakistan, Karachi
I am working multinational company.My confirmation completed on march2009 but i have not recived any confirmation or extention letter my other collegues joined with me recived confirmation letter.I asked HR dept but they did not reply properly.Plz help me and also guide me
From Pakistan, Karachi
Hi Smita,
it appears that you yourself is not very clear and convinced of the fact that if you have not given them the extention of probation letter then they are deemed to be permanenat employees. first you keep this in mind. Confirmation letter as such is not compulsory by law but such things do affect the moral of the employees. Even if they are working for two years with your organisation, somewhere they feel that organisation does not care for them and just wants to utilise them. In such scenarios it becomes difficault to win the loyaltyand respect of the employees towards the organisation. you need to explain this to your managment and show them that how these employees are leaving in one day. probably just by giving one letter it can be changed to maximum.
Also add the notice period for even probation period like for HO 15 days and retail 7 days.
ANjali
From India, Mumbai
it appears that you yourself is not very clear and convinced of the fact that if you have not given them the extention of probation letter then they are deemed to be permanenat employees. first you keep this in mind. Confirmation letter as such is not compulsory by law but such things do affect the moral of the employees. Even if they are working for two years with your organisation, somewhere they feel that organisation does not care for them and just wants to utilise them. In such scenarios it becomes difficault to win the loyaltyand respect of the employees towards the organisation. you need to explain this to your managment and show them that how these employees are leaving in one day. probably just by giving one letter it can be changed to maximum.
Also add the notice period for even probation period like for HO 15 days and retail 7 days.
ANjali
From India, Mumbai
dear Smita
I have gone through your problems and also proposed suggested solutions by our friends.
I need following things to give clear opnion on your issue.
sample copy of Appointment letter for HO staff and Store staff.
Is there any standing orders applicable to you?Any certified standing orders are there or not? If not then model standing orders are applicable.
Where is your office where these 250 employees are working?
kindly send above information so that I will be able to give concret solutions to you baed on legal aspect and best practices aspect. you can send to following id.
with regards himanshu
9227233315-Ahmedabad
From India, Ahmadabad
I have gone through your problems and also proposed suggested solutions by our friends.
I need following things to give clear opnion on your issue.
sample copy of Appointment letter for HO staff and Store staff.
Is there any standing orders applicable to you?Any certified standing orders are there or not? If not then model standing orders are applicable.
Where is your office where these 250 employees are working?
kindly send above information so that I will be able to give concret solutions to you baed on legal aspect and best practices aspect. you can send to following id.
with regards himanshu
9227233315-Ahmedabad
From India, Ahmadabad
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