No Mention Of Notice In Offer - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Sar_HR
Executive
+1 Other

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No mention of notice to be served before being relieved in the offer letter,then what should be the minimum notice if tenure of employment is less than 6 months.
what if the employee is not co operative to relieve, What if he is not ready to pay the F&F .

You are mentioning the terms of a offer letter. What is contained in the appointment letter will take precedence over the terms and conditions mentioned in the offer letter. please check the appointment letter for clause of termination.
If employer is not ready to relieve, it is still your choice to continue or to quit. As the tenure is less than 6 months the amount of F&F would be very less, compare it with what is the gain in the new employment and take a conscious decision.
Regards
Preetam Deshpande.

If the appointment letter is silent with respect to notice, it shall be presumed that the services can be terminated without notice. Therefore, the employee is in a position to leave the organisation without notice. Moreover, the period of service being six months, the employer is also under no obligation to give notice if the employer wants to terminate the employee.
Madhu.T.K

Dear,
As per the Standing Order, the Probation will be 3 Months, if u want to extend u can extend to another 3 months more. after completion of 6 months or 240 days of actual working the person will be liable for permanent.
now, the question for Notice Period, in Probation period u can leave ur job anytime.but in permanency u need to serve 15 days to 1 month notice period (Some Companies have the3 Months Notice period). See, Offer Letter will not mention the ur notice period. Appointment letter will consist all the clauses of Salary, Transfer, Notice period, Standing Orders etc.
if ur appointment letter did not consist any Notice period then u can leave the job anytime.
Tejas Chikshe
Asst. Manager - HR & Admin

I have a slight disagreement about the sentence "As per the Standing Order, the Probation will be 3 Months, if u want to extend u can extend to another 3 months more. after completion of 6 months or 240 days of actual working the person will be liable for permanent.". Standing Order is not a general one applicable to all companies but it may vary from company to company. Therefore, it is not necessary that the probation period should be three months but it may be six months and even one year. Probation period may even vary from one category of employees to another. Similarly, it is not necessary that after completion of 240 days an employee need to be confirmed. An employee is confirmed only if he is confirmed in writing and till then he is said to be on probation.
Regards,
Madhu.T.K

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