Confirmation Letter.

hi seniors. i am working as an hr manager in hotel industry. in the appointment letters given to employees it was mentioned that -:

Probation / Confirmation:
You will be on probation for a period of six months of joining work, but if the Management is not satisfied with your work and conduct, your services shall be liable to termination without notice at any time during or on completion of the probation period. This period of probation will be liable to such extension (s) as the Management may deem fit in its sole discretion. Unless an order in writing confirming you is given, you will not be deemed to have been made permanent.

During the probation period your services can be terminated with seven days notice on either side and without any reasons whatsoever. If your services are found satisfactory during the probation period, you will be confirmed in the present position and thereafter your services can be terminated on one month’s notice on either side.


so as mentiones above it says one month notice on either side for termination but its not mentioned one month salary in lieu of notice.
As our company is new company i havent given confirmation letter to any one but i need to give confirmation in this month . so can i add this clause of one month salary in lieu of notice in confirmation letter ???
kindly suggest.
gaurav arora.

Hi Gaurav,

You cannot mention this in the Confirmation Letter now as a stand-alone statement. You need to first annouce this as a 'Policy Change' by displaying on the notice boards, intra-mails,newsletters etc.

Also, while annoucing this change, please mention what you mean by 'salary' for this purpose. i.e., will it be gross salary or net salary or will it inlcude variable pay also, if any etc...and mention the date it is effective from.

Once that is done, you dont have to mention this in the confirmation letter again unless you want to iterate the point.

However, you wont mostly be able to apply this to employees who are already on board because such a thing has to be intimated to them at the time of joining itself.

But check if your offer letters or your employee manual has this line - 'employees will have to adhere to the company rules and regulations as and when changed/introduced'. If yes, then all the employees automatically become liable to any policy changes. If No, then a few employees might raise objections so be prepared to handle them.

Hope this helps.

thanx deepti.
yes it is mentioned in their appointment letter -:
The foregoing constitutes the entire agreement as regards the terms and conditions of
your service with the Company and they shall be subject to such modifications and amendments as may be introduced from time to time as per the Company’s Rules & Regulations.
so know tell me what should i do?
regards
gaurav.

Mr. Gaurav,
As far as the confirmation letter is concerned, it is always better to give the confirmation letter to an employee. There is no harm and no problem at all in mentioning in the confirmation letter that the Clause No. SO & SO of your Appointment letter stands revised as under. Which can be the language you have chosen.
There is no legality involve in it. Company's rules and regulation can be changed at any time.

dear gaurav
how can you add something that is not there in the offer letter. (it is that only na) you can qoute that only if it is there in the offer letter. Like the organization i joined it took one months security and sezied it if any one left with out serving the notice period.(you would say some rule that is). i asked them to adjust my security against the one months notice and asked them to releave me immediately.
you could ask for clarifications if there is a provision for one months salary against the one months notice. and if there isnt then pray it is included in future amendments.
:icon1:

Hi gaurav
Im also working as a HR manager in a BPO Industry. According to my company
policies and rules in which i work. we will hold the salary for the one month notice period and at the time of the settlement we will repay them through check payment.
If you want even more suggestions and clarifications u can also login for many websites like HR village and etc.., and u can even go through the offer letters of many corporate companies, also like hotel industry like which u ve been working now currently.
Meanwhile i will try to get info for u.
Be Well
Suhashini.

Hi Gaurav,
In my opinion you should leave it as a notice only. In case you write one month salary in lieu of notice in confirmation letter, it will become a right of employee to leave immediately by paying one month's salary. This will create problem in future. Having notice period also helps the organization in finding a replacement for the employee.

Regards,

Umesh Sharma

In my view there is no harm to mention about the notice pay in the confirmation letter. Its infact in the favour of employee only. If somebody wants to leave the Company and not in position to serve the notice period there must be some way out and this is the best option in favour of both employee and employer. Its upto you how you sell this to employees. But do not forget to mention that "Its solely Comapny's wish to give an employee the option for notice pay". If Comapny wants him to serve the notice period, employee need to abide.