Dear sir, I joined a company on a 6 months probation period 2016 April, but I am not confirmed after working 5 and a half years, last 3 years no increment in the company, so u decided to join in a new job ,is still my appointment letter is valid? Iam leaving from the company with one month notice period, but mgmt is telling as per appointment letter , need to serve three months and Already i have worked for one month , they hold my salary and diwali bonus and asked to work for another two months without Salary? Also, I will be eligible for gratuity or not?
From India, Cuddalore
Doctor Siva Global Hr
Sales Manager

Dear Colleague,
As per information furnished by you, you joined as Probationer in 2016 on a 6 months' probation. As of now you had totally you worked for 5.5 years without any confirmation letter.

You had raised basically 2 questions:

Your question is that whether you need to serve 3 months notice period?
In the event of no confirmation order normally the talent continues on probation but may be maximum for another 6 months time only. Certainly no one can be on probation for 5.5 years. All certain done, it is construed that you served as a Permanent Employee in the Company. Normally in case of Probationer the Notice Period is 1 month and for Permanent Employees the notice period is 3 months. Hence It is strongly suggested that you serve 3 months notice period on total and then get F&F/ get relieved smoothly.

Whether you are eligible for Gratuity?
With regard to Gratuity as you were appointed as Probationer and totally completed 5.5 years of service, you are entitled to get Gratuity under Payment of Gratuity Act 1972. You may apply for Gratuity if not paid by the company along with F&F. Normally the company will pay along with F&F. If for any reasons, your gratuity is denied, you may approach the HR of the company and claim your gratuity. If still it is unresolved, kindly raise a case before the Controlling Authority ( Assistant or Dy Labour Commissioner) who is the Authority under the Payment of Gratuity Act 1972 who will ensure that your grievance is redressed in line with the Legal Provisions upon merits

God Belss,
Doctor Siva Global HR
Tamil Nadu

From India, Chennai

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