Chanchal411 Started The Discussion:
In our company, we provide Appointment letter containing details regarding date of joining, probation period, 1 month notice details, etc.....
for fresher candidate we normally have 6 months probation and for experienced candidate we have 3 months probation
so, if we tell anyone to put up their papers or resign in probation period, so whether they will be eligible for 1 month advance payment... for e.g. say we tell them, today is your last day say 01/06/07, so will they will be eligible for pay from 1/06/07 to 01/07/07........, if not then what exactly should be mention in offer letter and appointment letter. so that it is clear in that letter itself...regarding the same............
I Agree completely with Amit. However, just for ease of understanding would like to mention:
1. The discretion of deciding the notice period lies with HR in consultation with the management team. It could be different for different levels in the org.
2. If you choose it to be, 30 days. Please mention 30 days explicitly and not 1 month. (I might sound really off my rockers here, but as long I as can message across it is ok) Why 30 days is because, technically, 1 month notice may raise an ambiguity on what should be the duration of notice period. For eg; 1 month = 30 or 31 or 28 days for Feb. Having said that, it is a universally accepted definition that 1 month=30 days. but you might run across some one who likes to disagree, hence the precaution.
3. Next, you might want to specify whether the receoverable amount from the employee would be at the rate of his "basic" component or "gross". Whatever you specify, as amit said, is what he/you would need to pay.
Well regarding the termination during the probation period all depends on what the HR policy says. Here your appointment letter clearly mentions one month notice period, then you will have to pay them one month salary in advance if you terminate them. This is not the policy which most of the companies follow:
Probation period is the time where the employer checks the employee’s capabilities and ON JOB performance. Therefore Notice period proposed should be very limited. If the employee is not worth then why have a liability (Salary, Space, Time, Work Quality)for a month. Mostly in Corporate, three days to one weeks notice period is served both by the employer and employee. Or to be in a safer side you may put a cause as follows:
You will be on probation for the period of 3/6 months from the date of joining. On satisfactory completion of this period, your confirmation will be conveyed to you in writing. In case your performance during the probation period is found unsatisfactory, your probation will be extended by a further 3 months.
During the probationary period, the service may be terminated by the company giving 5 days notice whereas as an employee, you will be required to serve a 15 days notice.
After satisfactory completion of the probationary period, your appointment will be confirmed and you will be eligible to get benefits provided by the company. Service may be terminated by either employer or employee by giving one month notice.
In Call centres we take different strand. Here once the employee is observed not performing well, we give them one week’s DPA (Daily Action Plan) during which they have to achieve the target. At the end of DPA a terminated letter is given, if no improvement is found.
I personally think you should change the term in your appointment letter in regards to the notice period for employees under probation.
PLS NOTE THAT WHATEVER YOUR APPOINTMENT LETTER SAYS I MONTH, 7 DAYS, 15 DAYS...PLS NOTE THAT AS PER LAW ON PROBATION A PERSON NEEDS TO GIVE 1 DAY NOTICE ONLY....HENCE IF HE RESIGNS U CANNOT PRESSURISE HIM TO SERVE THE NOTICE THAT LONG HE CAN QUIT THE JOB ON 1 DAY NOTICE....U CANT CHALLENGE THE SAME IN THE COURT OF LAW SO BE CAREFUL WHILE DRAFTING YOUR APPOINTMENT LETTER FOR PROBATIONERS....KEEP THE LEGAL ANGLE ALWAYS IN YOUR MIND.
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