Dear sir,
I joined a company on a 6-month probation period in April 2016, but I have not been confirmed after working for 5 and a half years. For the last 3 years, there has been no increment in the company, so I have decided to join a new job. Is my appointment letter still valid? I am leaving the company with one month's notice period, but the management is insisting, as per the appointment letter, that I need to serve three months. I have already worked for one month, but they are holding my salary and Diwali bonus, and asking me to work for another two months without pay. Additionally, I would like to know if I will be eligible for gratuity or not.
Thank you.
From India, Cuddalore
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I joined a company on a 6-month probation period in April 2016, but I have not been confirmed after working for 5 and a half years. For the last 3 years, there has been no increment in the company, so I have decided to join a new job. Is my appointment letter still valid? I am leaving the company with one month's notice period, but the management is insisting, as per the appointment letter, that I need to serve three months. I have already worked for one month, but they are holding my salary and Diwali bonus, and asking me to work for another two months without pay. Additionally, I would like to know if I will be eligible for gratuity or not.
Thank you.
From India, Cuddalore
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Dear Colleague,
As per the information furnished by you, you joined as a Probationer in 2016 on a 6-month probation. As of now, you have worked for a total of 5.5 years without any confirmation letter.
You have raised basically 2 questions:
Your question is whether you need to serve a 3-month notice period. In the event of no confirmation order, normally the talent continues on probation but may be extended for a maximum of another 6 months only. Certainly, no one can be on probation for 5.5 years. All said and done, it is construed that you have served as a Permanent Employee in the Company. Normally, in the case of a 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 a 3-month notice period in total and then get F&F/get relieved smoothly.
Whether you are eligible for Gratuity? With regard to Gratuity, as you were appointed as a Probationer and have completed a total of 5.5 years of service, you are entitled to receive Gratuity under the 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 it remains unresolved, kindly raise a case before the Controlling Authority (Assistant or Deputy Labour Commissioner) who is the Authority under the Payment of Gratuity Act 1972 and will ensure that your grievance is redressed in line with the legal provisions upon merits.
God Bless,
Dr. P. SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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321As per the information furnished by you, you joined as a Probationer in 2016 on a 6-month probation. As of now, you have worked for a total of 5.5 years without any confirmation letter.
You have raised basically 2 questions:
Your question is whether you need to serve a 3-month notice period. In the event of no confirmation order, normally the talent continues on probation but may be extended for a maximum of another 6 months only. Certainly, no one can be on probation for 5.5 years. All said and done, it is construed that you have served as a Permanent Employee in the Company. Normally, in the case of a 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 a 3-month notice period in total and then get F&F/get relieved smoothly.
Whether you are eligible for Gratuity? With regard to Gratuity, as you were appointed as a Probationer and have completed a total of 5.5 years of service, you are entitled to receive Gratuity under the 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 it remains unresolved, kindly raise a case before the Controlling Authority (Assistant or Deputy Labour Commissioner) who is the Authority under the Payment of Gratuity Act 1972 and will ensure that your grievance is redressed in line with the legal provisions upon merits.
God Bless,
Dr. P. SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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