Is Confirmation of a Probationer Automatic

Confirmation is not a right of an employee when on probation. An employer, after completion of the probationary period of the employee, has to evaluate the performance of the employee, and upon such evaluation of performance, the employer has to either confirm him or reject him. However, in many instances we have seen that even after completion of the probationary period, the service of the employee is neither confirmed nor terminated. Can an employee be kept on probation for indefinite period?

It is the general conception that an employee remains a probationer until confirmed. However, it will depend on the condition of employment and terms and conditions as stipulated in the service rule/ standing order of the company.

As per the Industrial Employment (Standing Order) Act, 1946 a probationer can remain in probation for a period of three months only. Such period can be extended on the discretion of the management but it should not be very long. On many occasions, company intentionally keeps their employee on probation with an intention to deprive him of the legal status of a permanent employee and often to deny him statutory benefits and legal rights which he acquires during his course of employment.

The Hon’ble Bombay High Court as well as Allahabad High Court have opined that if an employee completes the period of his probation as mentioned in the appointment letter or standing order or service rules then automatically such employee gathers the permanent status unless and until his service is terminated immediately on completion of such probationary period.

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