I have been working as a Manager in a partnership firm since April 2014. I have an appointment letter, but no confirmation letter has been issued. This April, my leave calculation has been done on the basis of confirmed employees.
I have now received an email asking me to leave the company today, i.e., 30th September, and hand over charge to a colleague. I would like to leave immediately but also get one month's salary in lieu of notice. Is my argument for this legally tenable? HR experts, kindly advise.
From India, Gurgaon
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I have now received an email asking me to leave the company today, i.e., 30th September, and hand over charge to a colleague. I would like to leave immediately but also get one month's salary in lieu of notice. Is my argument for this legally tenable? HR experts, kindly advise.
From India, Gurgaon
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Dear Vimal,
What does your Appointment Letter state about the confirmation clause? Does it state that you would be deemed confirmed after a particular period, or does it say that you would not be considered confirmed unless it is shared with you in writing? Also, what is the clause in the appointment regarding the notice period from both sides?
Regards,
Ashutosh Thakre
From India, Mumbai
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274What does your Appointment Letter state about the confirmation clause? Does it state that you would be deemed confirmed after a particular period, or does it say that you would not be considered confirmed unless it is shared with you in writing? Also, what is the clause in the appointment regarding the notice period from both sides?
Regards,
Ashutosh Thakre
From India, Mumbai
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Yes as mentioned above, it is purely based on the clauses given in the appointment order.
From India, Chennai
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From India, Chennai
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Confirmation and Termination Under Probation
There is no deemed confirmation under normal circumstances. Therefore, unless specifically written, confirmation will happen only when communicated in writing. An employee under probation may be terminated without notice and without assigning any reason. Moreover, the matter pertains to a Manager who will not get any protection from the law. But before sending an employee out, the employer should have followed at least the basics of the principles of natural justice. In this case, you should have been given a notice before asking you to leave on a fine morning.
Regards,
Madhu.T.K
From India, Kannur
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There is no deemed confirmation under normal circumstances. Therefore, unless specifically written, confirmation will happen only when communicated in writing. An employee under probation may be terminated without notice and without assigning any reason. Moreover, the matter pertains to a Manager who will not get any protection from the law. But before sending an employee out, the employer should have followed at least the basics of the principles of natural justice. In this case, you should have been given a notice before asking you to leave on a fine morning.
Regards,
Madhu.T.K
From India, Kannur
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