Probation Confirmation

Hi,
I am joined in a company as a Associate manager in 1/04/2014and it was mentioned in my appointment as i will be probation period for 6 months after depends up on the satisfactory performance they may confirm or extend my probation period. i did not get the confirmation letter/Mail for HR. now i have resigned from the company the HR is saying that you are a confirmed employee so your notice period is 2 months. where as it is mentioned in the Appointment that for employees on the probation period it is 1 month notice period.
Kindly guide me how to take this issue.
Regards,
SIVA RAM

Dear Siva Ram,
The clause regarding the termination of employment that has been put in your appointment letter has to be reviewed. It cannot be just in isolation just specifying the period and the payment. So, if possible, revert by writing down the exact complete clause for our reference or else mail it at [Login to view]. Only then I will be able to comment.
Cheers, AB

Prima facie you seem to be governed by Shops and Establishment Act since you worked as an Associate Manager. It is generally provided in the Act eg in Delhi Act that an employee who has put in more than three months service has to give one month's notice or pay in lieu of it, for discharge from service. An employer cannot contract out of these provisions. Thus apprise the management of it. Otherwise contact the inspector under their said Act for getting you relieved.
Thanks
Sushil

I think here the issue is, even without issuing any confirmation notice can a company absorb him as permanent employment or not.
under INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946:
A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.
Hence in my opinion, though you have not received any confirmation letter from the Employer, you became a permanent employee as per the rule.
As till date you have not taken any initiative to understand you standing in the organization, you cannot claim now to be ignorant of the fact.
However I would request the seniors to clarify the issue further.

Dear,
In Delhi where Shops and Establishment Act applies, the Industrial employment Standing orders, 1946 do not apply. Moreover an Associate Manager does not appear to be a workman. Thus irrespective of confirmation, the criterion is if more than three months service has been rendered, then only one month's period of notice or pay in lieu thereof has to be given by the employee because any agreement contrary to it is void.
Thanks
Sushil