KK!HR
Management Consultancy
Srinath Sai Ram
Hr Manager
+1 Other

Thread Started by #jijo-john1

A candidate got offer letter, with mentioned his/her monthly Gross Salary,Designation & also mentioned that he/she will be under probationary period up to 06 months. After completion of 06 months he didn't get any Confirmation Letter/Appointment Letter from the Company. Now he/she is completing more than 1.5 years.
Is he/she became Confirmed Employee?
Is he/she eligible for Bonus & Gratuity?
Is he/she liable for serving 01 month notice period?
Is the employer have any right to hold his/her relieving ? (In the case of employee have no liability with Employer)
11th May 2018 From India, Kochi
Dear Anamika from Kochi,Please upload contents of Offer Letter to take in to consideration Factual Information, to reply to your questions.
1.5 Years Service, is not eligible for Gratuity
11th May 2018 From India, New Delhi
Hi,
1. Refer offer letter otherwise the company policy
2. No
3. Refer offer letter otherwise the company policy
4. Refer offer letter otherwise the company policy
12th May 2018 From India, Chennai
It appears these days the 'paperless working culture' is spreading to newer areas, no appointment letter, no confirmation, no pay slip etc is rather becoming the norm, as is seen from sob-queries frequenting this forum.
As regards your query the position is clarified as follows:
Since the appointment order stated that probation is only for six months and in the absence of any adverse order extending the probation, it is to be presumed that the employee is confirmed and accordingly the notice period as applicable to the confirmed employee would be applicable.
Yes, the employee is eligible for bonus for two accounting years covering the entire period of service. Once the employee is covered under the PB Act, eligibility for bonus payment is there irrespective of being a probationer or confirmed employee. Eligibility for gratuity is only after 5 years of continuous service and this 1.5 year would count in the eligibility period.
When the employee has no liability to be discharged, it is not proper to withhold relieving of the employee. But pl see whether the employer could make alternate arrangements in the meanwhile. Probably you may have to put pressure and follow up for being relieved.
12th May 2018 From India, Mumbai
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