Confused About Notice Periods? How to Handle Resignations Before Confirmation

Dear Sir, I want to clarify that as per the appointment letter, employees are eligible for confirmation after receiving the confirmation letter. It has been noticed that most of our employees misunderstand this and resign after six months, believing they are not eligible for the three-month notice period as they have not received any confirmation letter. You are requested to provide your inputs. We have undersigned queries regarding this.

Case No-1 – One employee has resigned from the company after 6 months. We are already in line to evaluate the performance of employees.

The evaluation letter has already been circulated to the Department HOD, and we are in the process of his confirmation, but we have still not provided him with a confirmation letter or any intimation to the employee.

What will be his notice period applicable in this case? (One month or three months)

Thanks

Most sincerely,

Sanjeev Bansal

Probation and Confirmation Notice Period

So long as no notice of confirmation has been given, he will remain a probationer only. As such, whatever the notice period applicable to a probationer is, will be applicable to him.

If your concern is that employees leave the company before they are confirmed (I am curious why they are afraid of confirmation and if any employee leaves a company just to avoid the notice period), make it clear that there is no probation at all. From day one, the employee is a confirmed employee. Still, if nobody is joining your company upon seeing such an offer letter without probation but with a notice period, there may be a serious problem with your company that needs addressing first!

Hi, please refer to the passage. Even the intimation of a confirmation letter given to the employee cannot make the notice period clause applicable until the employee accepts the confirmation letter. Until then, the employee shall be considered a probationary employee only, and a one-month notice period will be applicable.

Referring to the advice of Madhu Sir above, in the case of eliminating the probation culture in the company, not only will the employee be bound by the three-month clause, but it will also be applicable to the company for a three-month notice in case of separation. Therefore, think twice before making any elimination/modification/fresh policy. Confirmation should be processed at least one month before the expiry of the probation period. Similarly, for the employee, it is a probationary period where they will understand the company and the existing system. Before reaching a conclusion, it is essential to understand the candidate during recruitment. A perfect recruitment process will help in acquiring good candidates. Understand the candidate's expectations during recruitment and hire the right person at the right time for the right place.

You need to establish rules for the processing time for confirmation. Adhering to time management will aid in this.