Dear Sir, I am working in some charitable hospital. I was joined in the month of June 2019 and at the time of joining a contract has been signed. In Contract, it was written that initial six month is my probation period after that management do the assessment and then confirmed me or if I am unable to satisfy them, then again they extend the probation period for next three months. Now around eleven months has been passed and neither they have given me confirmation letter or nor they provided me any further contract of my probation extension and I am still working there.
So kindly guide me as per legal norms, what is my current position? Am I considered myself as a permanent or regular employ or still in probation period till not getting my confirmation letter.
Please Provide your valuable guidance. Thank you.
From India, Ludhiana
So kindly guide me as per legal norms, what is my current position? Am I considered myself as a permanent or regular employ or still in probation period till not getting my confirmation letter.
Please Provide your valuable guidance. Thank you.
From India, Ludhiana
Strictly as per contract ,you are not yet a confirmed employee. Please speak to HR and HoD to check up whether there is any hitch in giving a letter of confirmation.
From India, Pune
3131From India, Pune
Hi,
Generally speaking, the legal meaning of the word probation is an act of proving or trial, test, and time of novitiate (the period or state of being a novice). The honorable Supreme Court again diagnosed the legal meaning of “Probation Period” in Oil and Natural Gas Commission vs Dr. Mohd. S. Iskender Ali [1980 AIR 1242, 1980 SCR (3) 603], the court remarked –
“A temporary employee is appointed on probation for a particular period only in order to test whether his conduct is good and satisfactory so that he may be retained.”
The Constitution Bench which dealt with the case reported in State of Punjab v. Dharam Singh[AIR 1968 SC 1210] while distinguishing the other line of cases held that the presumption about continuation, beyond the period of probation, as a probationer stood negatived by the fixation of a maximum time- limit for the extension of probation.
Consequently, in such cases the termination after expiry of the maximum period up to which probation could be extended was held to be invalid, inasmuch as the officer concerned must be deemed to have been confirmed.
So, If as per your contract the maximum time allowed for probation extension is over, then you can be classified as a permanent employee. But for this, the contract has to be read thoroughly.
You can read this Probation Period: Rights and Duties of Employee (Part 1) - Meaning of Probation Period
From India, Kolkata
Generally speaking, the legal meaning of the word probation is an act of proving or trial, test, and time of novitiate (the period or state of being a novice). The honorable Supreme Court again diagnosed the legal meaning of “Probation Period” in Oil and Natural Gas Commission vs Dr. Mohd. S. Iskender Ali [1980 AIR 1242, 1980 SCR (3) 603], the court remarked –
“A temporary employee is appointed on probation for a particular period only in order to test whether his conduct is good and satisfactory so that he may be retained.”
The Constitution Bench which dealt with the case reported in State of Punjab v. Dharam Singh[AIR 1968 SC 1210] while distinguishing the other line of cases held that the presumption about continuation, beyond the period of probation, as a probationer stood negatived by the fixation of a maximum time- limit for the extension of probation.
Consequently, in such cases the termination after expiry of the maximum period up to which probation could be extended was held to be invalid, inasmuch as the officer concerned must be deemed to have been confirmed.
So, If as per your contract the maximum time allowed for probation extension is over, then you can be classified as a permanent employee. But for this, the contract has to be read thoroughly.
You can read this Probation Period: Rights and Duties of Employee (Part 1) - Meaning of Probation Period
From India, Kolkata
Hi Ishant,
As far as I know, there are various time period is in vogue all over the world. The Probation period normally varies from 3 months to 2 yrs. And lots of entities, especially in pvt.sector either delay or not prompt in issuing a confirmation communication. Of course there are not too many instances of 'extension of probation' letters being issued. There are also instances an incumbent gets the increment after completing one year of initial service even without having issued a formal letter of 'completion of probation' period. And to my knowledge there is no strict labour legislation enacted in addressing the 'probation period' issue as well. That's why all these confusions. Coming back to your case, my opinion is that you having completed 11 months, completing 6 months probation period it appears there is no adverse assessment of your performance. May be you will wait 12 months to be completed and a fresh assessment will be done and likely that an annual increment may be forthcoming if your assessment reveals 'good/ satisfactory' performance. One more month, I think you can wait. I don't think you should worry do much, provided you are confident that your performance, attitude etc are good. And ensure that you don't strain the rapport with your bosses.
From India, Bangalore
As far as I know, there are various time period is in vogue all over the world. The Probation period normally varies from 3 months to 2 yrs. And lots of entities, especially in pvt.sector either delay or not prompt in issuing a confirmation communication. Of course there are not too many instances of 'extension of probation' letters being issued. There are also instances an incumbent gets the increment after completing one year of initial service even without having issued a formal letter of 'completion of probation' period. And to my knowledge there is no strict labour legislation enacted in addressing the 'probation period' issue as well. That's why all these confusions. Coming back to your case, my opinion is that you having completed 11 months, completing 6 months probation period it appears there is no adverse assessment of your performance. May be you will wait 12 months to be completed and a fresh assessment will be done and likely that an annual increment may be forthcoming if your assessment reveals 'good/ satisfactory' performance. One more month, I think you can wait. I don't think you should worry do much, provided you are confident that your performance, attitude etc are good. And ensure that you don't strain the rapport with your bosses.
From India, Bangalore
Dear friend,
From your post, it can not be inferred that your probation period is extended. As your probation period is only 6 months, it could be construed that your probation period is over and you have become a confirmed employee - as you have not been given any extension letter of probation.
To enable to give a concrete insight to this issue, it would be better to send a copy of your employment contract.
From India, Aizawl
From your post, it can not be inferred that your probation period is extended. As your probation period is only 6 months, it could be construed that your probation period is over and you have become a confirmed employee - as you have not been given any extension letter of probation.
To enable to give a concrete insight to this issue, it would be better to send a copy of your employment contract.
From India, Aizawl
Dear colleague,
The hospital management has clearly breached the terms of the contract. By keeping mum about informing you how you performed during the initeal period of six months' probation or supposedly extended period or even thereafter till now, you shall be deemed to be confirmed.
Suggest you write to the management, giving facts about your probation period and Management's failure to inform you about the confirmation. Do write that in the absence of any communication from them about
performance/confirmation, you are treating your services as confirmed.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The hospital management has clearly breached the terms of the contract. By keeping mum about informing you how you performed during the initeal period of six months' probation or supposedly extended period or even thereafter till now, you shall be deemed to be confirmed.
Suggest you write to the management, giving facts about your probation period and Management's failure to inform you about the confirmation. Do write that in the absence of any communication from them about
performance/confirmation, you are treating your services as confirmed.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The facts posted suggest that you have completed the maximum period of probation as provided. And you are securely continuing in employment even though though you have not been informed of being confirmed. In my understanding, this aspect need not be a point of botheration unless the lack of confirmation entails any disadvantage of deprivation vis-a-vis your peers.
From India, Kochi
From India, Kochi
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