probationary
raghavendra
(Querist) 07 March 2011
This query is : Resolved
sit,
i was working for company in probationary period , now comapny dismissed me , can i file case
Kirti Kar Tripathi
(Expert) 07 March 2011
if probation period is not completed, you can claim damages till the period of expiry of the probation period. but you can not compel your employer to continue your employment as after the expiry of the probation period, the employer has a right to assess your performance and if it is not fount satisfactory by the employer, he has a right to terminate your service. the same anology will apply in present case.
raghavendra
(Querist) 08 March 2011
sir,
my probationary period is already over ,still company is continuing my probationary period without extending the probationary period,
now my questin is as per the term and condition my probationary oeriod was only for 2 years ,there after it will be permnent impliedly , am i right sir
now i want to file case against company with prayer that
1,confirm my empliyment
2, and surplus salry ,if i have confirm during the period of 3 months
Ajay Bansal
(Expert) 08 March 2011
Please tell what has been written in your dismissal order.
Kirti Kar Tripathi
(Expert) 08 March 2011
you are nor right. a probationer remains a probationer, till he is confirmed by a specking order of employer.
raghavendra
(Querist) 08 March 2011
still i am working in that company ,
my probationary period is completed but still i am working as probationary employee, even without extending my probationary period ,
Advocate. Arunagiri
(Expert) 08 March 2011
If you are not confirmed on completion of the probation period, but, you are in service, it means that your probation period is extended.
Guest
(Expert) 08 March 2011
Dear Santosh,
You need to first be sure in yourself, whether you have been dismissed from service or are still continuing in service, as in your original question you have stated that you have been dismissed and after twice you have stated that you are still continuing.
However, if after the probationary period, if a probationer is not made permanent, the probation is treated as extended.
raghavendra
(Querist) 09 March 2011
sir,
my probatonary period was only for 16 months, i was neither given any notice for unsatisfactory work nor extended my probationary period , ans i asked several time with our HR mangers ,but nobody is sorrespending properly
Kirti Kar Tripathi
(Expert) 09 March 2011
in that event you will be considered on probation under the law, till you are not confirmed.
