Legal Question in Employment Law in India
Hi,
My name is Angelo Dsouza. In response to my yesterday query which you have answered that , I am deemed to be confirmed in an organization on completion of my probation period which is 6 months (period 15.06.2015 to 15.12.2015) and as mentioned in my appointment letter. Also no further extension of probation can be issued to me, if the company has failed in informing me though a formal written communication of my extension prior to my tenure of the probation period.
The second question is that , since no written communication has been notified to me as of dated...i.e.33 days after completion of my probation period , whether do I have to inform /remind the company in writing about completion of my probation period and issue me a confirmation letter.
Regards,
Agnelo Dsouza
2 Answers from Attorneys
19.01.2016
Dear Agnelo,
Only if your Appointment Letter includes a clause specifically stating that '"on completion of probation, your services will be confirmed in writing", you should inform and request the Company to issue the confirmation letter, else as advised earlier, your confirmation is deemed and implied.
Regards,
1) The T&C of ur employment if specified to be 6 months, in the absence of anything to the contrary, normally the probation is declared.
2) Extension if any intended by the Employer unless there is proper reason of unsatisfactory work, conduct and attendance or other adverse remark recorded in writing during the course of employment, can be done even after a few days delay but not inordinate, in such case ordinarily before the expiry of original period.
3) If nothing adverse prima facie is found to the contrary, the probation is deemed to have been declared and no need to remind the employer. The HOD may however be requested to bring it to the notice of HR if inadvertently omitted or due to administrative delay.
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