If someone has resigned and is serving three months notice period. Then if there is promotion proceedings takes place of his batch. Will the person who has resigned will be eligible for promotion. Any court ruling in this regard.
From India, Jabalpur
Dear Mr. Rajender,
If any employee submitted resignation and he is doing job in notice period,that person is eligible for promotion.
Because if that person\'s competencies and performance is good in the past then we can give promotion.If this promotion is given to the employee, sometimes employee may satisfy and stay with the organization.

From United Arab Emirates, Abu Dhabi
Promotion pertains to previous year performance of the employee. If employer wants to give they can issue promotion with revised pay for the resignation submitted employees. One way he can change his mind and continue for a job or he can quit and revise his salary to the new organisation. Its not the problem to get his promotion and increment

From India, Chennai
If Employer not promoting the resigned employee but promotes his juniors .can he resort to legal remedy. Any court ruling in this regard.
From India, Jabalpur
Dear Rajender,

If the employee is on notice period then he/she cannot ask for a promotion as a matter of right. There is no compulsion on the Company to promote an employee. Most likely, by the time the case is heard the employee's notice period would get over anyway.

(most companies do not give performance incentive to people on notice, promotion would clearly be out of the question)

A promotion usually means change in responsibilities; if the employee has performed well in the past it still does not give any guarantee whether he/she will perform the new responsibilities satisfactorily. I know of numerous cases where people have performed excellent at Jr. level and failed to deliver after they got a promotion.

Normally no company would promote a person who is serving notice. Promotion is not reward for excellent performance in the past, an employee has to earn a promotion by giving very strong indications that he/she is ready to handle higher responsibilities. It is also a incentive for the employee to continue serving in the Company.

Hence, to answer your questions:

1) "If someone has resigned and is serving three months notice period. Then if there is promotion proceedings takes place of his batch. Will the person who has resigned will be eligible for promotion." - NO.

2) If Employer not promoting the resigned employee but promotes his juniors. can he resort to legal remedy. Any court ruling in this regard. - I don't know about legal rulings but I am sure the employees resignation (i'm assuming it was voluntary resignation by the employee) is a very strong case for refusal of promotion.

If I was the employer I would not promote an employee who was serving notice, at the very least I would ask the employee to withdraw the resignation, give a commitment to serve with the Company at least for 18 months and then I would consider his/her case for promotion.

Hope this helps.

Best Regards,

Ritesh Shah

From India, Pune
Excellent and Best answer / views expressed by Ritesh Shah. Hats off to him !! Sincerely appreciate.
From India, Mumbai

I think to actually answer this question, i need to go back to some basic fundamentals that seem to be missing in this discussion.

No organization has Promotion proceedings. They have performance appraisals and performance appraisals are always about how an employee has performed in the recent past over the specified period ( if it is annual than yearly etc.). This appraisal then forms the bases of awarding incentives to an employee - Rewards.

If the management feels the employee is now set to take on more responsibility then he is promoted.

PLS NOTE : Promotion is purely a management decision and no employee or law has any say in it unless it is proved that growth has been intentionally blocked (Bias) . Promotion is not guaranteed to each & every employee by any law or any organization nor is it a commitment that has to be met. Promotion is definitely not pure performance dependent but has other skills taken into account.

An employee is still an employee (even in notice period) till the final settlement and exit formalities are done. Therefore, if the performance appraisal is done for the organization (read his team) during his notice period, then the employee's (the guy who has resigned) Appraisal needs to be done as well. The incentive decided will be part of the final settlement. Not including his appraisal can be categorized as "bias" and legal action taken.

Companies bypass this by not doing the appraisal for his team / department while he is on notice period. In reality, if the guy wants he can ask for his incentives even after his departure since it is for the period which he has already served and performed. We don't do it because our legal system is highly taxing / complicated and we don't have time to waste. If you are a organization that values your brand and every employee even after leaving needs to be your ambassador ( there are many that i know of), they still process your incentives (even on pro rata basis) and pay it to you. But that's their policy but a good one at that!

Unlike Ritesh, I wouldn't stop his incentives because he might be leaving me that doesn't mean he cant be of help to me. I can use the goodwill that i create by giving him the incentive and having him recommend his friends to join me... or maybe he himself at a later stage. It's a small marketplace and i would rather have more well wishers in them...:-)


Navneet Chandra

From India, Delhi
Dear Navneet,

Please don't mis-quote me.

A) I never started that employee on notice should not get "incentives", I stated my observation that most companies do not pay incentives to employees who are on notice.

B) I stated that I would not give "promotion" to an employee on notice, I didn't state that I would not give "incentive" to a person on notice.

This discussion is about promotions, my comments were about promotions, however you are clubbing promotion, incentive and appraisals together which is not correct. Each is a separate activity and should be dealt with separately (inputs of one affects the other but still, for the purpose of this discussion, you cannot club them)

Let me clarify my stand:

About Incentives:

1. Should an organization pay incentives to an employee on notice? - My stand is YES, the employee deserves it.

2. Do most organisations actually pay incentives to employees on notice? - My experience is that they don't pay. My stand as an HR professional is that this is not fair, but this is a reality. Most organisations have such a clause in their incentive policy too.

About Promotions:

I have extensive experience in retention discussion and promotions.

Should an employee on notice get a promotion based on past performance? - Not unless he/she withdraws the resignation; reason being - Most companies have a specific quota for promotion hence I would prefer to utilize the quota for people who are going to continue working with the organisation. If I promote a person who would leave the Co. in 30-60 days, I would not only waste the quota but also miss the opportunity to promote another deserving candidate and aggrieve him/her.

Hope this clarifies my stand.

Please read my posts clearly, don't just browse through it and mis-quote me.


Ritesh Shah

From India, Pune
@ Ritesh
Apologies if i have misunderstood and misquoted. Not intentional, i can assure you and I stand corrected...:-)
But as i said, to each his own... So while you have , i presume, successfully used promotion as a retention tool to halt a person's departure, i have generally avoided doing that. You can try and fix a broken part of anything but to get it to the original strength or form will always be impossible. This promotion would be treated like an attempt to halt him there by giving a inorganic boost to his ego and feeling of indispensability. The same promotion given to a regular person or the next in line, could be the trigger for a better professional than the person going out.
But that's my opinion. Apologies again
Navneet Chandra

From India, Delhi
Ritesh I appreciate your views, but in the present case the management has promoted the particular batch taking the years (2007-08.2008-09 and 2009-10) into consideration for the promotion and even has included his name in promotion proceedings but withheld the promotion order of the person who has resigned ,so here the question of wasted seat or giving promotion to the next person in the list doesn't arise. So in this case will it be a case of discrimination.
From India, Jabalpur

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