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Probation period

Page no : 2

Ajay Mathew (AM)     19 March 2012

Am working in an organisation as Manager. I have joined the organisation on 12 January 2010. My probation was for two years. As such my probation period has to be over by 11 January 2012. Unfortunately my organisation called for a strike on 23 January 2012. I have participated in the strike since my probation period was over. All over India in different branches about 50 candidates were joined in my batch and all my friends got their confirmation letter except me due to delay in processing my confirmation at my branch level. Now my organisation at Head Office level has defered my confirmation since i have participated in the strike before obtaining confirmation letter. Kindly guide me what can i do in this situation so as to get my confirmation letter

Kumar Doab (FIN)     19 March 2012

Obtain copy of the certified standing orders of the company. If certified standing orders are not applicable model standing orders shall apply. Read carefully the standing orders and confirmation clause in your appointment letter and show these to a competent and experienced service lawyer.

Girish Rodiyal (Room Division Manager)     13 February 2013

On probation company can dismiss his staff without any notice period/compensation, if no kindly send me the link so that I sue the company...

 

Thanks and regards

N.K.SHUKLA (OFFICER)     24 November 2013

I am Working as an officer in financial organisation. in my order of appointment it is described that,

'' Your appointment will be on probation for a period of 2 years."

as I have been appointed on this job as on 26.09.2011 , so my period of probation as per my appointment order my period of probation is ended on 26.09.2013 with my regular service.

But, by the same date i.e as on 26.09.2013, I had not received the order of either extension or confirmation.

now after almost 44 days I have received letter of extension of probation for another 6 months dated 23.10.2013 , received as on 09.11.2013.

AS i have inquired with HR dept, they orally said you have been reviewed by the top officials of HR and  of the organisation.

But as my probation period is over on 26.09.2013 and letter issued dated as 23.10.2013, in between 27 days of regular service after stipulated time period of ending of my 2 years probation period, there is no information communicated to me or my reviewing Principle officer regarding any standing orders/interim orders were passed ,nor they have informed that you are being reviewed  separately form the other officers of your batch.

Kindly advise me Lawyer gurus, there are many question in my mind of which I could not find the answers.My queries are as follows :

1.     For almost 44 days after my probation period i have not informed ? Why ?

2.     IF letter was issued on 23.10.2013 ,why it was not in knowledge of the respondent of the same department when i have submitted my query in written to him, and he replied about decision will be conveyed by Zonal office.

3.     Is there any interim/standing/Midterm order passed that you are being reviewd so you are neither been extended nor been confirmed in the regular service.?

4.     What is real date of issuance of letter ? 23.10.2013 or anything else?

5.     Why there was not a single chance been provided to represent my self?

6.     I feed it is clear cut breach of Principle of Natural Justice and Right to being Heard ?

7.     I could not find whether it is a mere gross negligence of malicious intention ? As the leeter was issued with back date as i have started inquiry about my confirmation status from 25.10.2013 ??

 

Kindly advise me to what to do for the same.....

Kumar Doab (FIN)     25 November 2013

 

>> You have quoted only one line from the appointment letter issued to you.

 

It shall be appropriate that without wasting any time you may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the company and extended to your designation, service rules, service codes and regulations, and any other communication that you may have, to a lawyer specializing in labor/service matters and proceed under the expert advice of your lawyer. The lawyer that has seen all of your docs and has analyzed your inputs in person can advice you the best.

 

The employee should have enough on record to establish that the employer has taken action beyond its jurisdiction.

 

Your lawyer that has seen all of your docs and has analyzed your inputs can help you to understand the nuances of the matter and merits of your case.

 

>> You have posted that:

 

'' Your appointment will be on probation for a period of 2 years."

 

Is it stated that:

 

-- the probation period can be extended for another………………….months

 

 

--max. period of probation……………..months.

 

Is there any rule that probation period can be extended even beyond the max. period of probation.

 

Do the standing orders and rules state that probation period is 2 years……………… or should not exceed 2 years…………………and order of confirmation is necessary.

 

The courts of law may not examine the appointment letter alone and may examine standing orders, service codes and regulations, rules also.

 

In this thread learned experts/members including Mr. Thukral have explained and illustrated the style and manner by which employers insert clauses on probation/confirmation.

 

 

--The services of the employee shall be confirmed in writing.

 

 

>> The officials of the establishments that are responsible and are part of the process of review/appraisal/ departmental test

for confirmation have to initiate the process of appraisal/test well in time  and conclude it well in time and should inform the employee under probation well in time.

 

Has the establishment described the process of appraisal in any of its communication/policy/rules/ service codes and regulations and has it explained who the stakeholders in the process are and who shall initiate when………………. and pass to whom…………. and who shall finally decide.

 

Many companies have such a policy and printed version is accessible by employee on HR portal and can also be obtained from concerned HR personnel.

 

Such a policy may help you to fix the onus of erroneous, irresponsible, lackluster approach of the authority.

 

Such policies and are put in place so that the line Managers, HR, employer, do not take arbitrary decisions.

 

>> If company has a process of periodic appraisal(s), appraisal format/forms, then the employee should be appraised by authority by a meeting with employee and copy of the format/form should be provided to employee.

 

The observations and comments made on conduct and performance, probation assessment report  of employee should be shared with employee.

 

“Every entry in ACR – poor, fair, average, good or very good – must be communicated ………….. within a reasonable period.”


Supreme Court of India
Sukhdev Singh vs Union Of India & Ors. on 23 April, 2013
https://indiankanoon.org/doc/9665019/?type=print

 

 

If there is some adverse report that has lead to extension of period of probation then it should have necessarily been communicated to employee. Your lawyer may opine that non following may render the ACR void.

 

 

>> Has the employer issued any stinkers, notices, show cause notice etc during the period of 2 years raising concerns on your performance and conduct ad demanding improvement?

 

 

>> Has the authority stated any reason for extension of the probation?

 

If the authority has taken an arbitrary decision without providing any opportunity of hearing to you and if it is blatant violation of principle of natural justice and establishment’s own rules leading to detrimental effect of employee, then employee has the right to agitate.

 

The employee may escalate the grievance as per escalation matrix in the establishment.

 

If employee has exhausted the options of appeal to employer and the grievance is not resolved employee can approach lawful authority and court of law.

 

After all Courts and state is ‘Parens Patriae’: Parent to the nation.  

 

>> You wish to stake claim for deemed confirmation.

 

If it is stated in appointment letter issued to you that:

 

'' Your appointment will be on probation for a period of 2 years." And nothing else then it may be perceived as max. period of probation and you may succeed.

 

The deemed confirmation has been explained and decided by courts of law:

 

 

You had started the inquiries and probably it had jerked the dept. from its sleep and it started working on it.

 

Usually if the company has separate HR then it is to maintain the calendar and initiate the process of appraisal for confirmation of service.

There seems to be some reason to believe that it has erred and did not initiate in time.

 

You have posted that:

 

AS i have inquired with HR dept, they orally said you have been reviewed by the top officials of HR and  of the organisation.

 

The concerned HR personnel were fully aware of the pending probation, probation assessment report and review by top officials of HR and organization. This hints that as per HR version the report was written and was sent for review and it might be an explanation for delay.

 

 

“there is no information communicated to me or my reviewing Principle officer regarding any standing orders/interim orders were passed ,nor they have informed that you are being reviewed  separately form the other officers of your batch.”  ……………………………………………”why it was not in knowledge of the respondent of the same department when i have submitted my query in written to him, and he replied about decision will be conveyed by Zonal office.’

 

 

He should be at least aware of the report written by him.

 

>> You may find the attachment  and judgements cited in it as interesting.

Delhi High Court

The School Management Itl vs Jai Prakash And Anr on 30 July, 2013

  

 

You may collect the standing orders, service rule and all other relevant documents and communications and spend quality time with your labor consultant/service lawyer- law firm and proceed under the expert advice of your lawyer if there are enough merits found in your case by your lawyer.


Attached File : 260288971 the school management itl vs jai prakash and anr on 30 july, 2013.pdf, 260288971 sukhdev singh vs union of india & ors. on 23 april, 2013.doc downloaded: 151 times

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