One of our ex-employees was on probation for 6 months. He was later put on a PIP for 3 months. He was to be confirmed starting 1st June 2013. The records show a soft copy of the confirmation letter, which is unsigned. He left the job in October 2013. As per the appointment letter after probation, the employee needs to serve a 2-month notice period and 1 month during probation. Since he was not given a confirmation letter, he claims that he has to serve only a one-month notice period. We deducted salary towards the short notice period for 2 months, and he wants to claim this amount now.
Confirmation After PIP
Is it true that since the PIP was for a particular period, the employee gets confirmed automatically after that? Or is it our fault for not issuing the confirmation letter? Please suggest. Need help.
Thanks,
Regards
From India, Bangalore
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1Confirmation After PIP
Is it true that since the PIP was for a particular period, the employee gets confirmed automatically after that? Or is it our fault for not issuing the confirmation letter? Please suggest. Need help.
Thanks,
Regards
From India, Bangalore
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Please let us know the employee's period of employment in your organization. As per your statement, that particular employee should have been given his confirmation on 1st June, post his 6 months of probation. You have extended his probation for another 3 months. Additionally, you have not issued his confirmation letter at the time of his exit.
Summing up all these, this employee should have been associated with your organization for more than 270 days, approximately. According to the law, any employee on completion of 240 days of continuous employment will enjoy all the privileges earned by a permanent employee. Also, they can claim that they are a permanent employee of that organization.
However, I would suggest you take advice from some legal source or team.
From India, Bangalore
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Summing up all these, this employee should have been associated with your organization for more than 270 days, approximately. According to the law, any employee on completion of 240 days of continuous employment will enjoy all the privileges earned by a permanent employee. Also, they can claim that they are a permanent employee of that organization.
However, I would suggest you take advice from some legal source or team.
From India, Bangalore
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Views expressed by Mr. Mahesh Nair make great sense. It is very logical from the employee's point of view that after 240 days of work, he automatically becomes permanent if no further extension letter is issued to him. However, from the employer's point of view, the issuance of a confirmation letter with the employee's acceptance is important.
In the present case, since no confirmation letter is issued, circumstances are in favor of the employee, who wants to make an exit. Rules of probation are applicable to him. Otherwise, no company will issue a confirmation letter and allow an employee to work for more than 240 days, after which he becomes a deemed permanent employee.
These are all my personal thoughts; one can proceed on the advice of legal experts.
From India, Mumbai
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In the present case, since no confirmation letter is issued, circumstances are in favor of the employee, who wants to make an exit. Rules of probation are applicable to him. Otherwise, no company will issue a confirmation letter and allow an employee to work for more than 240 days, after which he becomes a deemed permanent employee.
These are all my personal thoughts; one can proceed on the advice of legal experts.
From India, Mumbai
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Appointment Letter to an Employee for fixed period.doc
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