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4001057dcedba4aa5bc9cf0f6
Hello,
I would like to know some HR policies.
1) Are the rules applicable for the employer on probation and has not received any appointment letter?
2)If a person has served for the institute only for 15 days (probation period), after which he//she resigns for personal reasons without serving notice period, is he/she liable to pay the difference amount?
Please do Reply.
Manasi.

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Globaloverseas144
Soical Compliance Auditing
Kintu
Communication & Public Speaking
MUDIT SATYADEEP
Hr Professional
Malikjs
Gm (hr)
Dasp06
Hrm, Ir, Labour Laws
Sheetalcat
Service
Mahendrabhai
Hr Professional
+5 Others

parmindar_singh
Hi Manasi, If you have not given any appointment letter it means their is no official proof of his appointment so he / she is not liable to pay notice pay.

dasp06
25

Hiring someone without an appointment letter is something like purchasing an item without a bill. If the item later turns out to be faulty you cannot claim anything from the dealer.
So, in your case the leaving person is not liable to pay anything to the Company because his terms and conditions of employment are not documented.
Prashant

From India, Delhi
malikjs
167

dear i too agree with my friend prashant.if term and condition of appointment is not clear than he can leave without notice. regards j s malik
From India, Delhi
4001057dcedba4aa5bc9cf0f6
Dear All,
Thank you very much for your prompt reply.
Actually a friend of mine is going through this problem and her organization has threatened her to pay the notice amount.
So just wanted to get these doubts cleared.
Once again Thank you.

From India, Mumbai
Mahendrabhai
Since you are working withought any appointment order or documentation given as a part of your permanent or temporary employment, you need not even think about notice period. Regards, Mahadev
From India, New Delhi
globaloverseas144
46

Dear Mansi,
I totally agree with Prashant and there is no need to serving notice period if he/she has never been signed any contract at the time of appoinment.
For more details,please visit at :: Global Overseas - Home :: Compliance Audit, ISO certification, BFSI Audit, Export, Jem, Jewellery, chemical Industry. or write to us :info@globaloverseas.in(9899775578/9958404503 or 011-22450753).
Best Regards
Sajid Ansari

From India, Delhi
MUDIT SATYADEEP
Dear Mansi,
If you have hired a person and not given him appointment letter,which is also considered to be a service agreement, the above clarifications are very much jusifiable,but aparently it comes under "UNFAIR LABOUR PRACTICE", so be cautious in future.
Regards,
Mudit Satyadeep

From India, Delhi
sheetalcat
a very good reply by prashant. Mansi - if appointment letter is not there then not to worry about the payment part.

henrys
As a contractual obligation, a Letter of Appointmernt must be issued stipulating the probation period which is 3 months in Soputh Africa and an employee cannot be held accountable if he/she resigns without serving notice if there is no formal contract binding between the two parties
From Germany
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