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probation & confirmation

(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.
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.


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