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deepakkumar   08 June 2015

Job confirmation letter not issued by the company

Dear Sir,

Kindly help me in this matter that I am working in a stock bro king company from 03 Oct 2012. My probation period as per my Appointment letter was 6 months. Now after 2 year and 8 months when i mailed my hr head to issue my job confirmation letter in written format.He mailed me that i am already a confirmed employee of the company. but he is not issuing my job confirmation letter in written format.when i call him for issuing the same he got angry and cut the call. Please provide your valuable support in this matter. Can i get my job confirmation letter in written format as per law.

Thanking you

deepak

9760040465



Learning

 6 Replies

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     08 June 2015

Hi Deepak,

Once complete the probation before, employer either confirm an employment of employee or provide the letter of extension of probation period.

Confirmation only presume when deemed clause mentioned in appointment letter if absence of Confirmation letter.

Therefore, kindly check in your appointment letter whethere any deemed cause mentioned, where its show that, after particular period, your employment shall be consider as confirm employee without any specific confirmation letter..?

Regards,

Tushar Swar

ACHRM, MBA-HR, D.L.L. (Hons)

Kumar Doab (FIN)     08 June 2015

If this HR personnel is competent to sign on confirmation of the employment then the email can be deemed cofnirmation.

 

However you need to cultivate it with patience and obtain it in writing from which date!

In place of phone calls engage in written communication and download copies.

 

deepakkumar   09 June 2015

Dear Sir,

Thanks for your valuable support.

Now I got another mail from my Area Manager having CC to HR Head (competent to sign an employment letter)

The new mail is as follows:-

Dear Deepak,

We didn’t have any confirmation letter issuing policy at the time when your status was changed from probation to confirmed employee. It was according to the probation time period mentioned in your appointment letter issued after your joining. So a letter can’t be issue in this respect…even same is the case for me also.

As per HR you are a confirmed employee and eligible for benefits as per you grade.

According to this mail I am a confirmed employee of the company after completing my 6 months probation from my date of joining (03 Oct 2012). I am eligible for benefits as per my grade in the company.

Now my question is this:-

Being a confirmed employee in a stock broking company, Am I eligible for getting benefit of Minimum Wages Act U. P. (2013-15) from date of my confirmation in the company?

 

Kumar Doab (FIN)     10 June 2015

 

 

  1. You may claim the incremental increase in wages/perks etc as per Grade after date of expiry of notice period/confirmation of service, as per internal policy of the company.
  2. What exactly Min.Wages Act has to do with service under probation period or after confirmation?

If Min.Wages Act applies to nature of your job then you can’t be paid less than Min.Wages on any day.

 

You may obtain notifications issued by o/o Labor commissioner and claim the arrears if any, from the day you were employed.

3. It is the sworn duty of the bosses/HR to initiate appraisal in time and issue letter of extension of probation period / confirmation of service. It is apparently to cover the lapses at the end of designated person i.e HR personnel that did not initiate any process in time to issue the letter. If there is probation period policy then the letter has to be issued. The email by HR/getting angry/disconnection of phone calls/email by ASM is nothing but to litter nuisance/stupidity. Getting angry/disconnection of phone calls is also rudeness/rowdiness at work place and union leaders know precise ways to drill sense into the heads in such matters.

deepakkumar   12 June 2015

Dear Sir, Thanks a lot for your valuable supprt. I want to ask you one question again that:- Is it necessary for every company that they should increase the salary of every confirmed employee after successful completion of probationary period? kindly reply........... Thanking you Deepak 9760040465

Kumar Doab (FIN)     12 June 2015

You may show the job advt, job application,interview call letter,offer letter,appointment letter, HR Policy/confirmation policy/appraisal matrix/ etc that are mentioned in appointment letter, pay as per grades, Min.Wages as issued by notifications by O/o Labor commissioner to an able Labor Law Consultant/Service Matters Lawyer/Law firm and proceed further under expert advise of your lawyer.

 

Usually there is incremental increase with better grade.

Simultaneously you may ask this Area Manager and HR personnel to supply you the salary structure associated with grades and Min. Wages Notifcations from DOJ till date...........and attempt to reduce the transactions in writing. If you handle it carefully you may get an increase.

You can also lean on Employee's/Trdae Union leaders.


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