Dear Rinki Roy,
You are one way telling that the appointment order is not issued to the employee. This is evident that you have not copleted the joining formalities as part of responsibilities of HR, In this case since you have not issued the appointment order, you cannot demand for notice period. Until and unless you specify the terms and conditions of service rules which is signed by a employee as a token of acceptance of your offer you have no right to ask the employee. It is advised to relieve him from the duty by accepting his resign letter by issuing a letter of acceptance in the interest of both sides. This is a lesson for you to be cautious infuture in handling HR joining formalities.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
You are one way telling that the appointment order is not issued to the employee. This is evident that you have not copleted the joining formalities as part of responsibilities of HR, In this case since you have not issued the appointment order, you cannot demand for notice period. Until and unless you specify the terms and conditions of service rules which is signed by a employee as a token of acceptance of your offer you have no right to ask the employee. It is advised to relieve him from the duty by accepting his resign letter by issuing a letter of acceptance in the interest of both sides. This is a lesson for you to be cautious infuture in handling HR joining formalities.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant