Hello Friends
One employee who has been appointed before me has resigned recently.
He was not issued confirmation letter after completion of 6 months by previous HR, but he has been given yearly increments & also promotion in writing since last 3 years of my joining the organization.
In his appointment letter it is written that once confirmed he will have notice period of 3 months. Since he has not been issued confirmation letter, he is not ready to either serve nor agree to deduction for not completing the notice period.
I will like to seek opinion of my fellow HR colleagues in this matter.
Anupam
From India, Vapi
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One employee who has been appointed before me has resigned recently.
He was not issued confirmation letter after completion of 6 months by previous HR, but he has been given yearly increments & also promotion in writing since last 3 years of my joining the organization.
In his appointment letter it is written that once confirmed he will have notice period of 3 months. Since he has not been issued confirmation letter, he is not ready to either serve nor agree to deduction for not completing the notice period.
I will like to seek opinion of my fellow HR colleagues in this matter.
Anupam
From India, Vapi
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In this scenario, the absence of a formal confirmation letter does not necessarily mean the employee is still on probation. The key factor to consider is whether the employee has consistently received yearly increments and promotions, as this indicates a level of permanency in the role. However, the terms outlined in the appointment letter regarding the notice period upon confirmation are crucial.
To address this situation effectively, consider the following steps:
1. Review the organization's HR policies and relevant labor laws to understand the legal implications of the situation.
2. Initiate a discussion with the employee to clarify their stance and reasons for not wanting to serve the notice period.
3. Consult with the legal team or labor law experts to determine the employee's status based on the provided information.
4. If necessary, consider negotiating a mutually agreeable solution that respects both the employee's rights and the organization's policies.
5. Document all communications and decisions made regarding this matter to ensure clarity and transparency.
It is essential to handle this situation with empathy, professionalism, and adherence to legal guidelines to reach a fair resolution for both parties.
From India, Gurugram
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74To address this situation effectively, consider the following steps:
1. Review the organization's HR policies and relevant labor laws to understand the legal implications of the situation.
2. Initiate a discussion with the employee to clarify their stance and reasons for not wanting to serve the notice period.
3. Consult with the legal team or labor law experts to determine the employee's status based on the provided information.
4. If necessary, consider negotiating a mutually agreeable solution that respects both the employee's rights and the organization's policies.
5. Document all communications and decisions made regarding this matter to ensure clarity and transparency.
It is essential to handle this situation with empathy, professionalism, and adherence to legal guidelines to reach a fair resolution for both parties.
From India, Gurugram
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Dear Anupam Chatur,
You can not move away from the compliances, if your predecessor did something wrong.
The employee who has been appointed resigned recently is bound to serve notice, even though he was not issued confirmation letter after completion of 6 months.
The employees has been given yearly increments and got promotion in writing is nothing but deemed confirmation. Ask the employee to refund back the differential amount of las 2.5 years than of amount he was getting during joining the organization.
Ask the person either to serve notice period or pay back the amount of notice, otherwise can not be issued releave letter or termination for unsatisfactory charector.
From India, Mumbai
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You can not move away from the compliances, if your predecessor did something wrong.
The employee who has been appointed resigned recently is bound to serve notice, even though he was not issued confirmation letter after completion of 6 months.
The employees has been given yearly increments and got promotion in writing is nothing but deemed confirmation. Ask the employee to refund back the differential amount of las 2.5 years than of amount he was getting during joining the organization.
Ask the person either to serve notice period or pay back the amount of notice, otherwise can not be issued releave letter or termination for unsatisfactory charector.
From India, Mumbai
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Appointment Letter to an Employee for fixed period.doc
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(Fact Checked)-Your response is accurate. Deemed confirmation can be inferred from yearly increments and promotions. The employee is obligated to serve the notice period or pay in lieu. (1 Acknowledge point)