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David Paul (Coach)     07 August 2015

Confirmation letter is necessary?

Hi

I am a director (manager) in a company

In my Contract letter it states ' You will be on probation for the first six months of your employement. Your confirmation will be communicated to you in writing.'  I do not recollect receiving a confirmation letter. 

The Notice period during Probation is one month - post confirmation 3 months.

If I was to resign after 14 months am I still on probation/ can be deemed as confirmed - this will help me figure out the Notice Period (or Pay in lieu of notice if we agree on an transition/ closure pre 3 months notice) 

Thanks in advance



Learning

 3 Replies

Kumar Doab (FIN)     07 August 2015

You have posted that:

"In my Contract letter it states ' You will be on probation for the first six months of your employement. Your confirmation will be communicated to you in writing.'  I do not recollect receiving a confirmation letter. ".................................."The Notice period during Probation is one month - post confirmation 3 months."

The lenguage of your post indicates that until communicated in writing, your service shall not be confirmed.............................and post confirmation there shall be change in service conditions.

 

Thus company shall issue a letter and obtain your acceptance on the copy for its records.

 

Why don't you check with your own office and obtain the copy of letter signed by you towards acceptance.The company shall have to produce it to stake a claim.

 

 

David Paul (Coach)     07 August 2015

Thanks for your prompt reply Kumar Doab

Is there no ruling where after XX number of days one is deemed as confirmed?

Is it my duty I must follow up to get a confirmation letter? If it has not been sent its their lack of duty and hence they should not penalise me?

Yes I checked with my Company and they do not have records for my Confirmation letter. I also suspect they will like to take me as uncofnirmed with one month notice as ther is cost cutting on in the company....

Please continue to advice - thank you

 

 

 

 

 

Kumar Doab (FIN)     07 August 2015

You have posted that:

"I am a director (manager) in a company"

"Is there no ruling where after XX number of days one is deemed as confirmed?

Is it my duty I must follow up to get a confirmation letter? If it has not been sent its their lack of duty and hence they should not penalise me?

Yes I checked with my Company and they do not have records for my Confirmation letter. I also suspect they will like to take me as uncofnirmed with one month notice as ther is cost cutting on in the company...."

"I do not recollect receiving a confirmation letter."

 

It is your duty in your own interest too, to retain all documents on record.

 

It is indeed duty of the bosses to initiate appraisal well in advance and in time to privide or decline confirmation of service, as per well laid and published rules/matrix.

 

The company should have issued a communication and got it acknowledged from you if it wanted to extend the probation period.

 

You may go thru the service rules applicable to a Director.

You may succeed to claim deemed confirmation.

However it shall be appropriate to show all docs on record to an able Labor Law Consultant/service matters lawyer/law firm and understand the merits/remedies.........................including for apprehended redundancy/lay off/termination and cost cutting.

 


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