Resignation During Probation: Impact of Appointment Letter on Notice Period Requirements

Hello,

I would like to know some HR policies.

1) Are the rules applicable for the employer on probation and has not received any appointment letter?

2) If a person has served for the institute only for 15 days (probation period), after which he/she resigns for personal reasons without serving notice period, is he/she liable to pay the difference amount?

Please do reply.

Manasi.

Hi Manasi,

If you have not given an appointment letter, it means there is no official proof of his/her appointment. Therefore, he/she is not liable to pay notice pay.

Hiring someone without an appointment letter is like purchasing an item without a receipt. If the item later turns out to be faulty, you cannot claim anything from the dealer.

So, in your case, the departing person is not liable to pay anything to the company because their terms and conditions of employment are not documented.

Prashant

Dear,

I too agree with my friend Prashant. If the terms and conditions of the appointment are not clear, then he can leave without notice.

Regards,
J. S. Malik

Dear All,

Thank you very much for your prompt reply. Actually, a friend of mine is going through this problem, and her organization has threatened her to pay the notice amount. So just wanted to get these doubts cleared.

Once again, thank you.

Since you are working without any appointment order or documentation given as a part of your permanent or temporary employment, you need not even think about the notice period.

Regards,
Mahadev

Dear Mansi,

I totally agree with Prashant, and there is no need to serve a notice period if he/she has never been signed any contract at the time of appointment.

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Best Regards,
Sajid Ansari

Dear Mansi,

If you have hired a person and not given him an appointment letter, which is also considered to be a service agreement, the above clarifications are very much justifiable, but apparently, it comes under "UNFAIR LABOUR PRACTICE," so be cautious in the future.

Regards,
Mudit Satyadeep

A very good reply by Prashant.

Mansi - If the appointment letter is not there, then there is no need to worry about the payment part.

As a contractual obligation, a Letter of Appointment must be issued stipulating the probation period, which is 3 months in South Africa. An employee cannot be held accountable if he/she resigns without serving notice if there is no formal contract binding between the two parties.

Hi Manasi,

If no appointment letter has been given to your friend, then there is no need to worry about the notice period. However, if any document has ever been exchanged, then suggest your friend go through it once just to cross-check.

Megha

Hi Mansi,

You have not been given an appointment letter so far, which means you are not under contract with the employer. Therefore, you can decide to leave the organization without serving the notice period.

Hello,

I fully agree with the comments of all my friends. This indicates a clear understanding of the rule among all HR guys. Let's finalize - no need to give any notice period without any appointment letter.

Regards,
Deepak Jain

Hello all,

Your point of view regarding the appointment letter is absolutely right, and I appreciate it. However, I think Prashant has missed one thing - some companies that deal with highly confidential data, such as IT companies, research organizations, defense contractors, aeronautical firms, etc., have a condition or clause in their agreements/rules and regulations. After reading their NDA (Non-Disclosure Agreement), even if an employee refuses a job offer, they are still bound to follow certain confidentiality rules.

If my explanation is incorrect, I would appreciate it if senior members could correct me. Thank you.