Labour Law & Hr Consultant

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Dear Seniors,

Kindly clarify my doubt,

Which would be the exact time/ tenure to issue the appointment letter before joining or after joining formalities completed.( Organization has 3 months of probation)

At my concern we will issue the appointment letter post completion of one month of employment and management is not ready to issue the confirmation letter as risk behind is termination will be often.

In this case we had our RSM ( Regional Sales Manager) resigned last month and as per appointment letter he has to serve 2 months of notice , he served only one month and not reporting to office since this month 1st.

He says my notice is only one month and i was not given any confirmation letter since iam not a permanent employee here .

Hence i cannot serve another one month of period and asking for settlement.

As per the management decision if any employee does not serve the notice period we will not provide Settlement.

I am in big confusion that what can be done in the above case.

And what is the exact time to issue appointment letter.

Please guide

Thanks & Regards

Amal Sheriff
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Dear Amal Sherief,

As the very name suggests an appointment letter is the letter of intimation addressed to the selected candidate after the final process of selection. It should, therefore, contain important particulars like the specific job/post for which the appointee is selected, general and specific duties/responsibilities attached to it, the salary offered for the job, the status of employment i.e temporary/permanent/fixed term contract etc, the period of probation if any and the conditions for confirmation, conditions of unilateral and bilateral termination of the contract of employment, the time line within which the selected candidate should report for duty etc. What is therefore essentially implied is that the letter of appointment should be issued by the employer soon after selection and before the joining of the prospective employee. The fear of attrition can not be a valid reason either for withholding of appointment letter even after joining or confirmation after completion of probation by the employee. Failure to do so would end up in conflicts like the one of your RSM's resignation and may culminate in unnecessary litigation.
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