Confused About Appointment Letters: When Should They Be Issued During Probation?

Dear Seniors, Kindly clarify my doubt: Issuing the Appointment Letter

Which would be the exact time/tenure to issue the appointment letter, before joining or after joining formalities are completed? (The organization has a 3-month probation period.)

In my concern, we issue the appointment letter after the completion of one month of employment, and management is not ready to issue the confirmation letter due to the common risk of termination.

In this case, our Regional Sales Manager (RSM) resigned last month. As per the appointment letter, he was required to serve a 2-month notice period, but he only served one month and has not reported to the office since the beginning of this month. He claims that his notice period is only one month, and as he has not received a confirmation letter, he is not a permanent employee here. He states he cannot serve another month and is requesting a settlement. According to management, if an employee does not serve the notice period, no settlement will be provided.

I am in great confusion about what can be done in the above case. And what is the exact time to issue an appointment letter? Please guide.

Thanks & Regards,

Amal Sheriff

Understanding the Importance of an Appointment Letter

As the name suggests, an appointment letter is an intimation addressed to the selected candidate after the final selection process. It should contain important details such as the specific job or post for which the appointee is selected, general and specific duties or responsibilities attached to it, the salary offered, the status of employment (temporary, permanent, fixed-term contract, etc.), the period of probation if any, and the conditions for confirmation. It should also include conditions for unilateral and bilateral termination of the contract of employment, and the timeline within which the selected candidate should report for duty.

What is essentially implied is that the appointment letter should be issued by the employer soon after selection and before the prospective employee joins. The fear of attrition cannot be a valid reason for withholding the appointment letter even after joining or confirmation after the completion of probation by the employee. Failure to do so could result in conflicts, such as the resignation of your RSM, and may culminate in unnecessary litigation.

Regards, Amal Sherief