Probation period

plz refer to Registrar HC of Gujrat v. GC Sharma AIR 2005 SC 344 where it was held that by continuing beyond probationary period a probationer can not claim autometic or deemed confirmation. see also,  High court of MP v. Satya narayan (2001)7 SCC 161

i would also like to add that " satisfactory completion of probation period dosent means that an employee should be confirmed" . unless he is communicated in writing about his status, employee will only be in the probation period. but in some cases, there are companies where,in their standing order, specific clauses has been put that after completion of probation period , an  employee  is deemed  to be confirmed the next day  if  nothing   is communicated in writing to  the employee.in those sitiuations, probationers can claim automatic confirmation.( if noting  is communicated in writing about the status) otherwise, probationers cannot claim automatic confirmation.

Dear prabhakar, the employer may be harassing the emloyee. but the emloyee can not be a decision maker imposing his conditions on employer.

thanks to mr subramanian for aproval of my opinion.

the question which was raised in the beggining was , a.  the probation period is for six months.b. if no letter is issued after the completion period can he become legally confirmed?

no doubt, an employe remains on probation till he is confirmed  and he cannot claim  automatic confirmation. the second part is  that , this is not an absolute rule since it depends upon the terms and conditions of employment or the service rules or standing orders.it is also made clear that  an employee cannot remain on probation for indefinite period more particularly  when the model standing orders under the industrial employment ( standing orders) Act provide that a probationer will  remain on probation for three months whereas the managenent can provide longer period but it  cannot be a very long period. however, probationer will be automatically confirmed when he works even after the expiry of maximum period of probation as provided in  the  appoitment  letter  if  necessary clauses  are  provided.

the point iam trying to make is 1. an employee  remains on probation till he  is  confirmed.(  which  my learned  friends  have  correctly  adviced)  2.  having  said  that  it  should  also  be kept  in mind  that   unnecessary   delay  in  confirming  an  employee  is  not  accptable  and  in that  case  only  when  an  employee  works  for  more   than  the  expired  date  of  probation, the courts  gives automatic confirmation.

1. khar Bhan Ram vs. punjab national bank and others 1994  LLR( all.HC) 2. subhash vithal pise vs. children film society of india, 1998 LLR 852 ( bom.HC)

Mr. Prabhakar !  Morally, i agree with  your feelings. legally, i would have agreed before 15 yrears (about), when judiciary was pro employee interpreting service laws as welfare legislations. But, current judicial attitude is technical and to some extent pro employer.

What is the maximum limit for probation period as per my appointment letter there are a probation period of  ' One year' and I have completed that period before two month. I have not received any confirmation from company. 

There are a notice period of 3 months. Now what will be the scene if I resign from job. Can company ask me for 3month notice/salary or I have a right to leave the job with out this. 

What is the Notice pay salary as per our HR Dept that wouuld be equal to three months CTC. Is this right

Please guide

Dear Prabhakar ji,

I could not take part in the discussion earlier as I due to some urgent work did not reach the LCI during that period and the discussion passed of without my noticing it. Thanks for your compliments too. 

The appointment letter might be worded in different languages. It might  say  that 

1.The probation period shall be of 6 months and after completion employee shall be confirmed

2. The probation period shall be of 6 months and employee shall be confirmed in writing

3. The probation period is of 6 months and it can be extended up to 2 years

Each case has been viewed differently in interpretting the clauses worded as above.

In the first case the employee shall be deemed confirmed as there is no confirmation in writing required. In second case unless and until the employer issues a confirmatory letter the employees remains on probation. In the thrid type of cases if the employee does not get confirmation letter he remains on probation till the power of extension of probationery period remains with the employer ie available extension period is over. After that he shall be deemed confirmed in employment even if no communique is issued. .  

What will happen if employee leaves without servicing notice period.

Dear Thukral ji,

In the second option:

2. "The probation period shall be of 6 months and employee shall be confirmed in writing"

If the employer doesnot tender a confirmation letter after 6 months  then will the probation period continue for an indefinite period of time??? In this case it will be pure prejudice against the employee who may continue to be in a probation period even after probably 2- 5 years of working in a company !!!or is it obligatory for the company to specify the extension period of probation in the offer letter itself or issue a separate letter on extension of probation after the specified period of probation has expired.

I invite all the members to plese  give your valuable comments on this issue

Regards

Hi

I need your help on this topic.

Please post your reply. It would be really kind of you.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=41440&offset=1

Regards,

Ujas

Learned experts Dr. Tripathi, Mr. Subramanian, Mr. Gujral, along with  respected members Mr. Badrinath, Mr.Prabhakar, have clarified the queries with their expert opinion, posted lots of inputs, and have enriched the forum.

It is nice to see Mr.Subramanian’s post after quite a time.

Kindly advice:

Standing orders of the company may not be expressed in the appointment letter, and may not be circulated to all employees as matter of practice, and may not be made available at the Hr page of intranet of the company, and may not be supplied even if the employee submits a written request. So may be the case with employee policy and handbook.

However the company may drop a bomb from standing orders.

How can employee obtain copy of standing orders from the company? What is the sure shot way?

Dear Mr. Thukral,

Could you plz interpret the clause in my appointment letter. Thanks in advance.

Clause:

B. Probation

You will be on probation for a period of 6 months. During this period of probation, your services may be discontinued with notice of 1 month and likewise you would be free to leave the services of the Company with notice of 1 month in writing or salary in lieu thereof.

On succesful completion of the probation period, you will be confirmed in the services of the Company. Upon confirmatin, your services will beliable to termination by wither side with notice of 3 MONTHS in writing or salary in lieu thereof.

"

 Regards,

Ujas

Hi Everyone,

Could you please help me on this.

My appointment letter says I would be on probation for 6 months. 

Notice period during probation: 1 month

Notice period after confirmation: 3 month

I resigned exactly 2 days after the completion of 6 months in the organization. But, here, I had not recieved any confirmation letter of any sorts (written or verbal) . But still, my HR is asking me to serve 3 months of notice period. 

The problem is I want to be relieved in 1 month and join this new company.

I want your help in claiming that I am still not confirmed, hence my notice period stays 1 monts.

I will read a quote from my appointment letter.

"

B. Probation

You will be on probation for a period of 6 months. During this period of probation, your services may be discontinued with notice of 1 month and likewise you would be free to leave the services of the Company with notice of 1 month in writing or salary in lieu thereof.

On succesful completion of the probation period, you will be confirmed in the services of the Company. Upon confirmatin, your services will beliable to termination by wither side with notice of 3 MONTHS in writing or salary in lieu thereof.

"

Please suggest what to do in this case.  

Also, if you have any ideas, let me know how to take advantage of 'succesful completion' clause mention in 2nd para above.

Regards,

Ujas