Rajeev1978 (Manager) 28 August 2010

Deemed Extension of Probation Period

Dear All,

One of my friends had been working in a company for the past 2 years.They have suddenly terminated him without assighning any reason stating that he is still a probationary employee.The offer letter stated that he will be on a probation period of 6 months and he will be confirmed in writing. But my friend says that he has not recieved any extension of probationary period letter after the 6 months time nor it has been stated in the offer letter that after the probationary period of 6 months it may automatically be extended to 3 / 6 months etc.He has managed to get a copy of the Process Circular of the company which clearly states that the probationary employee has to recieve a extension of probationary letter after 6 months if not confirmed and it has to duly sighned by the employee. It is also stated in the circular that a maximum of two extensions of 3 months each is allowed.

Will he get justice in this case because it is a clear case of negligence and harrasment by the company officials , where they have not followeed the process set by them. Can the company be set scott free on the ground that it is not necessary for them to abide by the procedures set by them ?

I invite all the members to please give their valuable inputs on this case, and the possibility of justice being given to thr agrieved party

Regards

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4 Replies

Pratheep Kumar (Asst. Manager - HR) 28 August 2010

Mr. Rajeev

Most of the employees are affected with the same case as you stated. No employee is willing to challenge against the employer. In India maximum of the acts are much favorable to employees only. Due to the lack of knowledge they are not in a position to challenge against the employer.

In your case during completion of probation period the employer should give the written communication to the concerned employee regarding the extension of probation period before 15 days of completion of the probation period. Failing the above will take the employee automatically in regular roles.

As you stated your friend has completed 2 years of service in the organization. If an employee completed 480 days of service he / she will be automatically become as conformed employee.

You may guide your friend to file the complaint to the labour department and the Regional Labour commissioner to take the action against the employer.

Regards

Pratheep Kumar. R

Rajeev1978 (Manager) 28 August 2010

Dear Pratheep,

Thankyou for your timely response. Since he was in a managerial profile (salary in 40's ) will the labour laws apply to him ??

He had enquired with a lawyer , who advised that anyone drawing a salary in exces of 10k doesnot come under the purview of labour court .

If not what are the other alternatives available for legal recourse.

Regards,

Rajeev

Pratheep Kumar (Asst. Manager - HR) 30 August 2010

Mr. Rajeev

In Labour Laws except the Occupier / Principle employer, every one is treated as employee only. There is no specific law for stating about the salary ceiling to lodge a complaint.

You may refer his appointment order and find about the terms of termination. However if the labour officer denied to accept the case you may send advocate notice to the employer for getting the reason for termination.

If the reason is not proper you mail file the suit with Court.

Regards

Pratheep Kumar. R