I am working in IT organization from last 2 yrs.
As per our Existing HR Policy, we always make Appraisal in every 6 month for all employees.
Can you help to solve Below issue / real problem / real case : -
Employee Mr. xyz joined dated on 15th Feb. 2010. according to policy 1st six month which we consider as Probation period.
then after six month we can make employees salary revision, confirmation letter, etc. And always applicable from new month.
Which means, above employee has completed his probation period dated on 14th Aug. 2010.
so, new salary revision is depend on his last 6 month performance and applicable from 1st of Sep. 2010.
We made his new salary revision and confirmation letter.
Mr. xyz can suppose to get new salary on month end i.e. on 30th Sep. 2010.
But Mr. xyz has got new opportunity to work in some another organization.
and resigned dated on 30th Sep. 2010 morning. (at that moment salary was not credited due to some accounting issue)
according to the policy our notice period is 45 days.
we accepted his resignation and notice period applicable from next day.
i.e. 1st Oct. 2010 to next 45 days.
His joined CTC was 4 LPA
our revised CTC was 6 LPA
applicable from 1st Sep. 2010.
But due to his resignation we stop our salary process according to new salary revision.
we paid him salary according to old CTC.
because of he has resigned before his new salary acceptance.
so we can not apply new salary for this employee who may not willing to work with us long term.
also, we revised his salary because of his performance and future need, requirement.
Almost completed his new salary month i.e. Sep. 2010. then he has resigned on last date.
So I just want some suggestions -
1) Is Notice period start from next day from date of resignation ?
2) Is new salary applicable for Mr. xyz ?
3) In Above case study -
- Have you find any where unfair labour practices ?
- How can handle above situation.
- If Mr. xyz suppose to resign on 2nd Oct. 2010 then can we stop his salary new salary revision.
4) Also let me know some thoughts on that.
26th October 2010 From India, Mumbai
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