My appointment states probation for 6 months and may be extended for another three months on ground of assessment of work, code of conduct , general aptitude and overall suitability. It is also mention that "I will be considered for confirmation in the regular services of the company at the end of satisfactory completion of the prescribed / extended probationary period. It may , however be noted that till such time you are so advised in writing , you shall be deemed to be on probation"
Is the above terms are valid under the law?
From India, Hyderabad
Is the above terms are valid under the law?
From India, Hyderabad
3131
Dear sdas_32,
According to me, the drafting of your appointment letter is bad in law and very vague.
But what one can do when our so called HR experts draft such kind of documents?
You have not asked any advise in this situation but still I would like to give you a simple advise. You should continue with your employment till such time you are told otherwise. Company can not keep you on probation for indefinite time. Your services are deemed to be confirmed legally.
From India, Mumbai
According to me, the drafting of your appointment letter is bad in law and very vague.
But what one can do when our so called HR experts draft such kind of documents?
You have not asked any advise in this situation but still I would like to give you a simple advise. You should continue with your employment till such time you are told otherwise. Company can not keep you on probation for indefinite time. Your services are deemed to be confirmed legally.
From India, Mumbai
In addition to what Mr.Korgaonkar has stated, I would like to state that keeping an employee on probation indefinitely may tantamount to an unfair labour practice for the reason that the maximum period of probation prescribed under the model standing orders is only three months. Of course it can be extended further for a like period that too by intimating the incumbent at least before the expiry of the originally stipulated probation period. Some of the State Model Standing Orders like Tamilnadu stipulate deeming provision for confirmation in the absence of written orders of successful completion of probation. The letter of appointment, howsoever intelligently couched it might have been otherwise, can not supercede the provisions of the standing orders
From India, Salem
From India, Salem
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