probation & confirmation
rahul
(Querist) 11 July 2009
This query is : Resolved
i am working in aviatioan company.As per terms of conrract one has to complete Six months trainging and on sucessfull competion of trining it will be six monts probaion. After sucessful completion of six months probation employee be confirmed in writing.
There are more than 200 persons those who have sucessfully completed thier probation sucessfully and even after woking for 20 - 24 months are not confirmed.
It is also pertinent to state that company is employee more new employees and not confiming the the earlier employed employees.
This is a clear case of Exploitation and denying the benifits of confimed employee.
PLS ADVICE THE REMIDY WHAT TO DO AND HOW TO PROCEED IN THIS MATTER.
IF SUGGESTED CAN WE APPROCH THE UNION & LABOUR AUTHORITIES.KINDLY SUGGEST THE WAY TO GET CONFIRMATION.
THANKS // RAHUL
PALNITKAR V.V.
(Expert) 11 July 2009
It is better to take up this matter to the Union of your company so that Union will take up the matter to the management.
Guest
(Expert) 12 July 2009
In the present scenario, where the permanent employees' union is feeling shy to take up the cases of temporary employees' union, it is difficult for you to get the espousal from permanent employees' union.
The steps, what you have to take are (in the case of employees working in Delhi):
1. Contact Airport Employees Union (regd.), its office is at Rangpuri which is working for contractual or casual employees or contact CITU headquarters at BTR Bhawan, Rouse Avenue, Delhi - 110 002 (Near ITO). They will espouse your case. Next, file a claim statement raising industrial dispute at Regional Labour Commissioner (Central), whose office is exactly opposite to Parliament Street Police Station. The Labour Office will hold conciliation discussions and after failure of that, the matter will be referred to Central Government Industrial tribunal. If you face any problem in labour office (you will certainly face it, because, they are the most lethargic species in the whole world), there will be need for you to go to High Court. At each and every stage, you can contact me at karlprabhakar@gmail.com, as I am practicing at Delhi High Court.
H. S. Thukral
(Expert) 13 July 2009
The law position is that where the contract provides that probation period can be extended by the employer and confirmation shall be made in writing, the employee is not confirmed till the employer say so specifically in writing. But where there is no power with the employer to extend probation period and probation period is fixed, the employee shall be deemed confirmed even if no confirmation is given in writing.
