Wednesday, May 11, 2011

Confirmation Queries

I joined a large organization as a lateral. My probation period was given as 12 months. However, I have heard that the company does confirm people with probation period 12 months in 6 months itself "without any consent from the employee'. Is that correct? What is the best way to approach this situation (if I dont want to be confirmed)?

Every organization has confirmation policy and on bases of confirmation policy and performance of employee. Organisation confirms the employees and it is also favorable for employee to be confirmed because he will receive more benefits and rights on confirmation. When management is confirming any employee before stipulated probation period that means management is honoring the employee and his performance and it’s achievement for employee.

There are rare cases where employee works hard and at time of enjoying the fruits of his hard work he doesn’t want to have it. When employer confirms the employee before his/her probation period then it cannot be implied confirmation from implied confirmation I mean without informing/expressing to employee. Management has to inform this to employee and employee has choice to accept it or reject it but when employee rejects his confirmation then he have to leave the organization because it will be treated as end of contract. (Assuming management will not be happy to keep employee who do not want to associate with the organization)

So if employee doesn’t want to be confirmed then at a time confirmation he must expressly do not accept the confirmation. In India bonded labour is not permitted so if employee doesn’t want to work with employer then no one can force him but if in employment contract there is compensation clause for exit then both the parties have to fulfill it.