Probation period
Rajiv Verma
(Querist) 26 May 2012
This query is : Resolved
Dear Sir,
I am working in a company since last one year , as per appointment terms my probation period is of 6 months but till now i have not got any confirmation letter. I got the annual increment but not the confirmation.
My notice period in probation period is one month and after confirmation is 3 months. Now I have resigned from this company, so as per law what will be my notice period one month or three month.
Please guide me so that i can go for legal.
Regards,
Rajeev Tanwar
Suhail A.Siddiqui
(Expert) 26 May 2012
In your case No conformation and no other thing happens but you getting increment, it means automatic conformation as per settled law. and your case will be governed as conform employee.
Rajiv Verma
(Querist) 28 May 2012
Dear Sir,
It means :
1. No employee can get increment before confirmation.
2. If an employee doesn't get any confirmation letter and get increment he will consider as confirmed employee of the company.
Please suggest,
Regards,
Rajeev Tanwar
Rajiv Verma
(Querist) 28 May 2012
Please see two clause written in my appointment letter and suggest accordingly.
Regards,
1.That you shall be on probation for a period of six months, which is liable to be extended by a further period of six months. During the probation period, your services are terminable by either side by giving one month’s notice or payment of one month’s Gross salary. Unless you receive a communication after completion of six months confirming your permanent employment, your probation period would be deemed to have been automatically extended. However, Management reserves the right to reduce the probation period at any time solely at its discretion.
2. That on satisfactory completion of the probation period, you will be confirmed in the service of the company. After confirmation, your services are terminable by either side by giving three month’s notice or payment of three months Gross salary. You have to sign agreements as per our company standards or demands.
Rajeev Tanwar
Anirudh
(Expert) 28 May 2012
Dear Mr. Rajiv,
Being an Assistant Manager -HR, I do not expect such a query from you.
Any way, please answer the following:
1. Where from you draw the conclusion that "No employee can get increment before confirmation." Which clause in your appointment letter says so?
2. Again where from you draw the conclusion that "If an employee doesn't get any confirmation letter and get increment he will consider as confirmed employee of the company"?
In fact, as per the clause in the appointment letter mentioned by you, there should be a letter of confirmation otherwise there would be deemed extension of probation. Therefore, if there is no positive communication of confirmation, one's probation period would have been deemed to have been extended. No where it is provided that if one person is under probation - say for a year or so - he will not get increment.
Since you say that you have resigned, it would be to your advantage to say that you never received any communication confirming your position, and as such you continued to be under probation - in which case the notice period is only one month and not three.
If you yourself draw conclusion that because you got increment, you got confirmed in the position, then naturally the notice period would be three months - instead of one month.
Rajiv Verma
(Querist) 28 May 2012
Dear Mr. Anirudh,
I have received following suggestion from
Expert : Mr. Suhail A.Siddiqui
In your case No confirmation and no other thing happens but you getting increment, it means automatic conformation as per settled law. and your case will be governed as conform employee.
In query of the above suggestion I have wrote following lines
1. No employee can get increment before confirmation.
2. If an employee doesn't get any confirmation letter and get increment he will consider as confirmed employee of the company.
Anirudh
(Expert) 28 May 2012
Dear Mr. Rajiv,
Never ever get satisfied the moment you get a very comfortable answer to your query. That is the time when you should ask more queries to get 100% confirmation.
If Mr. Suhail said that this answer is as per settled law, then you should have immediately asked him for citation - so that you can refer to the citation and come to the conclusion whether the law settled applies to your case or not.
Even now, it is not too late, get the appropriate citation from Mr. Suhail, where the law has been settled.
Guest
(Expert) 28 May 2012
Dear Mr. Verma,
Terms and conditions of probation, confirmation, increments, etc. are usually incorporated in the offer cum appointment letters, which you should have consulted before posting your question. Increments are affected only by apprenticeship period, not usually by the probation period. Further to it, probation and confirmations are not usually linked with the annual increments. Rules on matters of probation and eligibility of the probation period for increments differ from organisation to organisation.
If HR fails to formally extend the probation period and even to issue the confirmation letter that does not mean that the employee has to wait indefinitely when the HR awakes from its slumber. Confirmation is deemed automatic, if formal extention of the probation is not communicaed before expiry date of the probation period.
But, I wonder, being AM in HR itself, how you failed to get all these things settled in time for yourself, i.e., not getting confiormation letter issued, if no extention was proposed for probation period?
V R SHROFF
(Expert) 28 May 2012
As you are not confirmed, and if you resigned within 365 days of your appointment, one month notice period is sufficient.
As u already resigned, wait for their acceptance of your resignation, or objection , if any from their side.
Any reason, they shouls retain your services, if not confirmed , and could not decide whether it is satisfactory after 11 months??
Pl note, you did not disclosed your date of appointment and that of resignation to decide your case. this are vital fact
Rajiv Verma
(Querist) 29 May 2012
Dear All,
My joining date is 2nd May, 2011 and i have resigned on 12th May, 2012 and ask the company to relieve me on 11th June, 2012 (One month notice).
As per terms of appointment letter my probation period is of 6 months during probation my notice period is 1 month and after confirmation the notice period will be 3 months.
I have not been communicated for my confirmation since last one year. Till now i have not got any confirmation letter but i got 15% increment w.e.f. 1st April, 2012.
So please suggest whether to serve one month notice or 3 month notice period.
Regards,
Rajeev Tanwar
