probhitation period

Querist : Anonymous (Querist) 11 April 2010 This query is : Resolved
DEAR SIR,

I HAVE COMPLETED MY 6 MONTHS PROBATION PERIOD . BUT MY EMPLOYER HAS NOT GIVEN ME THE CONFIRMATION LETTER . IN MY APPOINTMENT LETTER WRITTEN . IF YOU COMPLETE THE PROBATION YOU HAVE TO GIVE 1 MONTHS NOTICE. IF YOU WILL LEAVE THE COMPANY WITH IN PROBATION PERIOD YOU HAVE TO GIVE 15 DAYS NOTICE . BUT EMPLOYER HAS TOLD ME YOU ARE AUTOMATICALLY CONFIRMED BUT I DO NOT HAVE WRITTEN CONFIRMATION . IF I LEFT MY JOB AFTER PROBATION WHAT IS MY NOTICE PERIOD 15 DAYS OF 1 MONTHS . PLEASE GIVE ME THE INFORMATION. ANOTHER THING IS THAT IF I GIVE THE NOTICE OF ONE MONTH NOTICE THAT MONTH THEY KEPT THE SALARY ON HOLD THEY HAVE A RIGHTS TO HOLD THE SALARY. PLEASE GIVE ME SUGESATION ALONG WITH LABOUR LAWS ACTS
REGARDS SK SINGH

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H. S. Thukral (Expert) 11 April 2010
We have to see probation clause closely. If it says confirmation in writing then there can not be deemed confirmation. If there is power to extend the period, still there can not be deemed confirmation after 6 month. If the clause is that probation period shall be 6 months then it implies deemed confirmation.