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.
From India, Mumbai
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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.
From India, Mumbai
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Hi Manasi, If you have not given any appointment letter it means their is no official proof of his appointment so he / she is not liable to pay notice pay.
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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
From India, Delhi
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26So, 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
From India, Delhi
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dear i too agree with my friend prashant.if term and condition of appointment is not clear than he can leave without notice. regards j s malik
From India, Delhi
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From India, Delhi
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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.
From India, Mumbai
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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.
From India, Mumbai
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Since you are working withought any appointment order or documentation given as a part of your permanent or temporary employment, you need not even think about notice period. Regards, Mahadev
From India, New Delhi
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From India, New Delhi
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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
From India, Delhi
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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.
For more details, please visit :: Global Overseas - Home :: Compliance Audit, ISO certification, BFSI Audit, Export, Jem, Jewellery, chemical Industry. or write to us at info@globaloverseas.in (9899775578/9958404503 or 011-22450753).
Best Regards,
Sajid Ansari
From India, Delhi
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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
From India, Delhi
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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
From India, Delhi
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a very good reply by prashant. Mansi - if appointment letter is not there then not to worry about the payment part.
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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.
From Germany
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From Germany
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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
From India, New Delhi
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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
From India, New Delhi
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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.
From India, Ghaziabad
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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.
From India, Ghaziabad
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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
From India, Gurgaon
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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
From India, Gurgaon
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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.
From India, Ahmadabad
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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.
From India, Ahmadabad
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