Create an employee confirmation letter after probation, or a probation extension letter, with the right dates, the revised notice period and a clean, printable format.
A confirmation letter tells an employee that probation is over and they are now a confirmed employee. Issue it on or just after the probation end date. It should state the confirmation effective date, designation and department, the notice period that now applies, any revised pay, and a line that other terms of the appointment letter continue.
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A confirmation letter is a short document with an outsized effect. It closes the probation period, moves the employee to regular status, and usually changes the notice period that applies to both sides. Most disputes about probation in India are not about whether the employee performed well. They are about dates: when probation actually ended, whether anyone said so in writing, and what terms applied afterwards.
The letter should go out within a few days of the probation end date. If the probation period lapses and the employer neither confirms the employee, nor formally extends probation, nor ends the employment, and the employee keeps coming to work, the outcome depends on the rules that apply. The Supreme Court in High Court of Madhya Pradesh v. Satya Narayan Jhavar (2001) summarised the position: where the rules fix a maximum probation period and bar extension beyond it, the employee is deemed confirmed once that maximum expires (the line of cases that starts with State of Punjab v. Dharam Singh, 1968). Where no maximum is fixed, simply continuing in service does not by itself confirm the employee. Either way, an employee whose status nobody recorded is a dispute waiting to happen.
The practical consequence is simple. Silence is not a neutral option. If you are not ready to confirm, extend probation in writing before the original end date, with a definite new end date.
No central law sets a universal cap. The Industrial Employment (Standing Orders) Act, 1946 was repealed when the Industrial Relations Code, 2020 came into force on 21 November 2025. Under the Code, industrial establishments with 300 or more workers must have standing orders, and the model standing orders issued by the central government apply until certified ones are in place, so their probation clause governs. For everyone else, probation is whatever the appointment letter says, and three to six months is common practice. Twelve month probations and repeated extensions are harder to justify if the employee later challenges a decision.
Be precise here, because a badly worded letter creates entitlements the employer did not intend, or denies ones the employee already had.
| Item | Position during probation | What the confirmation letter should say |
|---|---|---|
| Notice period | Usually short, commonly 7 to 30 days on either side | State the new notice period explicitly, commonly 30 to 90 days, and state that it applies from the confirmation date |
| Provident Fund | Applies from the date of joining wherever the establishment and employee are covered | Do not say PF starts on confirmation. It does not |
| ESI | Applies from joining if the establishment is covered and wages are within the threshold (Rs. 21,000 per month for most employees) | No change on confirmation |
| Gratuity | Service counts from the date of joining, so probation counts towards the five years under section 53 of the Code on Social Security, 2020 | No change on confirmation. Never reset the clock to the confirmation date |
| Leave | Statutory leave accrues from joining. Many contracts allow it to be availed only after confirmation | State the annual entitlement that applies now, and whether accrued probation leave carries over |
| Salary | As per the appointment letter | Include the revised CTC only if it is actually changing, with the effective date |
The contractual notice period cannot fall below what the applicable state Shops and Establishments Act requires, and those Acts generally scale the requirement with length of continuous service rather than with job title. Examples: in Delhi, one month's notice or wages in lieu applies once the employee has three months of continuous service (Delhi Shops and Establishments Act, 1954, section 30). In Karnataka, an employee with six months of continuous service can be removed only for a reasonable cause and with one month's notice or pay in lieu (Karnataka Act, section 39). Maharashtra's 2017 Act, which replaced the 1948 Act and its 14 and 30 day rule, does not set a statutory notice period, so the contract governs there. These provisions are amended from time to time and differ in detail, so check the current text of the Act for the state where the employee works before you fix the number in the letter.
An extension is legitimate when the appointment letter or standing orders permit it, it is communicated in writing before the original probation period expires, it names a definite new end date, and it tells the employee what specifically needs to improve. An extension sent after the probation end date has already passed is weak, because the employee can argue that confirmation had already taken effect. Avoid a second or third extension unless you can show a clear, documented reason, and never leave probation running indefinitely.
This page is general information for HR and payroll teams, not legal advice. Probation and confirmation terms depend on your employment contract, your certified standing orders where they apply, and the Shops and Establishments Act of the relevant state. Confirm the position with your labour law adviser before relying on it. If you spot an error on this page, write to [email protected] and we will correct it.
Fewer probation problems start with better hiring: GetHirePlus candidate assessments test the skills a role needs before you make the offer.
Legal statements on this page were checked against these official texts in October 2026. This page is general guidance, not legal advice.
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