Confirmation should be a decision, taken and communicated on time. An employee left on probation past the stated period, with no written extension and no confirmation, may well be treated as confirmed — and the employer will have lost the shorter notice period it thought it had.
Confirmation of Employment
[COMPANY NAME]
Confirmation should be a decision, taken and communicated on time. An employee left on probation past the stated period, with no written extension and no confirmation, may well be treated as confirmed — and the employer will have lost the shorter notice period it thought it had.
[COMPANY NAME] CIN: [CIN] [REGISTERED OFFICE]
[EMPLOYEE NAME], [DESIGNATION], Employee ID [ID]
Dear [FIRST NAME],
Confirmation of your employment
You joined [COMPANY NAME] on [DATE OF JOINING] and have been on probation since that date in accordance with Clause [NUMBER] of your letter of appointment.
Following a review of your performance and conduct during probation, we are pleased to confirm your employment with effect from [DATE OF CONFIRMATION].
| Item | Position on confirmation |
|---|---|
| Date of joining | [DATE] |
| Probation period | [NUMBER] months [, extended by ______ months by letter dated ______] |
| Date of confirmation | [DATE] |
| Designation | [DESIGNATION] [— unchanged / revised from ______] |
| Grade or level | [GRADE] |
| Reporting to | [NAME], [DESIGNATION] |
| Notice period | Now [NUMBER] months, in place of [NUMBER] [days] during probation |
| Leave entitlement | [Unchanged / Now ______ days of earned leave per year] |
| Benefits | [State any benefit that becomes available on confirmation — insurance cover, allowances, eligibility for variable pay or stock options] |
| Remuneration | [Unchanged / Revised as set out below, with effect from ______] |
[Include the following where remuneration changes on confirmation; delete otherwise.]
With effect from [DATE], your annual cost to company will be ₹ [AMOUNT], structured as follows. Basic salary and dearness allowance together constitute not less than half of your total remuneration, in line with the statutory definition of wages.
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These notes accompany the template and explain the drafting choices, the compliance points and the mistakes most often made with this document. They appear as a final page in the Word file, intended to be deleted before the document is executed.
Where probation is stated to be for a fixed period and that period passes without a written extension or a confirmation, the employee may well be treated as having been confirmed. The practical consequence is that the employer loses the shorter probationary notice period at exactly the moment it may want it. Diarise the probation end date at the point of joining, and decide before it arrives.
An extension communicated verbally, or in writing after the probation period has already expired, is ineffective. The extension letter must state the reason, the new end date, what is required, and what happens if it is not met. An extension with no stated reason reads as a device to preserve a short notice period rather than a genuine review.
Both the confirmation letter and the extension letter refer to feedback given on specific dates. Where an employee is not confirmed, that record is the whole defence. An extension or a non-confirmation citing performance, with no documented feedback during the probation period, is very difficult to sustain.
The notice period, the leave entitlement, insurance cover, eligibility for variable pay and eligibility for stock options frequently change on confirmation. Employees often do not know which. The table sets them out. Where nothing changes except status, say that expressly rather than leaving it ambiguous.
Where remuneration is revised on confirmation, the same fifty per cent rule applies: basic and dearness allowance must together be at least half of total remuneration, and provident fund, gratuity and leave encashment all compute on that base. The percentage line in the salary table is there to be completed and checked, not left blank.
The optional paragraph is worth writing. A confirmation letter that consists entirely of terms and conditions is a missed opportunity; two or three specific sentences about what the person has done well, and where to focus next, costs nothing and is remembered.
Some employers allow probation to lapse without confirming, then later assert that the employee remained on probation. That position is weak and, if tested, is likely to fail. Either confirm, extend in writing, or terminate before the period expires.
Where the reason for not confirming is genuinely performance, the probationary termination route applies. Where the real reason is misconduct, the employee is entitled to the disciplinary process regardless of probationary status. Do not use non-confirmation to avoid an inquiry.
Where confirmation is granted after the probation period has already ended, date the confirmation from the end of the probation period rather than from the date of the letter, so that the service record is continuous and unambiguous. Note the delay internally so it is not repeated.
On confirmation, update the employee register, the payroll master, the notice period recorded in any system, insurance cover and, where applicable, eligibility for stock option grants. A confirmation letter issued but never reflected in the systems produces inconsistent records later.
Permissible probation periods, notice requirements during probation and the treatment of probationers differ between States under the rules notified separately by each, and standing orders may apply to the establishment. Confirm the position for the State of the place of work.
Reflects Indian law and practice current as of {{DATE OF USE}}. Probation, notice and wage-structure requirements change — have this template reviewed by an employment adviser before adoption.
This is a ready-to-use template provided for convenience. Laws and requirements change, and every situation is different — please have it reviewed by a qualified professional (a lawyer, company secretary, or chartered accountant as relevant) before you rely on it.