s.hema
I want somebody to advice me, in my organisation a finace officer in probation period wants to leave the job without giving notice period. As per the appointment order he is supposed to give 30 days notice. What is the procedure or legality behind this.
hema

From India, Madras
thirusubbu
7

He suppose to give the payment for notice period to the company otherwise you can adjust his leave or adjust his full and final settlement amount.
calculate the notice period amount then you have to deduct the amount from his settlement.
thiru

From India, Madras
sekarhr@indiatimes.com
1

Hi Hema,
As per the terms of agreement, he supposed to give 30 days notice OR you can adjust his leave balance availabe if any. In case no leave balance, you can deduct his 30 days salary as his notice pay.
Sekar

From India, Madras
Navin Rane
6

@Hema,
You cant take any legal action!
The best that you can do- Block his salary and warn him stating he will be marked absconding without the notice period. This will eventually affect him in case of any reference checks.

From India, Mumbai
suja_nm
19

Dear Hema,
In case any employee fails to comply with the appointment terms at the time of exit, he will need to bear the consequences. In this case, if the person is not willing to serve the notice period, and has few Privelege Leave to his credit the same can be offset against the notice period. In case he does not have sufficient PLs, then he will need to pay for the shortfall in notice period. The company need not process any of his releiving formalities until he clears the shortfall. The company may also take a stance of withholding the releiving letter. But try as much as possible to close this case amicably.
Hope this clarifies.

From India, Bangalore
bhagwan_07
51

Dear Hema,
If he is not giving notice period and wants to leave immediate there is no problem you can tell him that he has pay one month salary to the company if this clause your company has mentioned this in his appointment letter.
Rgds
Bhagwan Tolani
HR Manager-CM Group
Mumbai
9968737796

From India, Mumbai
seemagoswami
Hi Hema,
I think finance officer has lots of responsibilites and if he is leaving without serving notice then you can tell him to do all pending work as per earliset; you cannot hold any employee if they want to leave you and as precautionary measures let him go happy.
Regards,
Seema Goswami

From India, Pune
meghal_shah2000
4

Legally. an appointment letter should say that if a person is on probation either or party can relieve after giving 30days notice. if your letter is one sided, then such letter stand at no bar to the legality and the employee can leave without giving any notice.
Regards
Meghal

From India, Mumbai
sekar_n
2

We recently removed the clause probation in order to enforce the notice period for some of our employees. Notice period applies only after problation when an employee is confirmed in the employment. If notice period is mentioned during probation also, it is very difficult and cost increases to send out non-performers. Check whether you have mentioned notice period during probation also ? I doubt that may not be the case. During probation it is only a days notice is sufficient.
for better clarity of thought , will you publish the appointment order without the personal details. Then the opinions can be to the point and relative without assumptions.
sekar

From India, Madras
lukab
Excellent thoughts
Can you please help me with one question:)
Identify 5 different criteria by which organizations can compensate employees. Based on your knowledge and experience do you think performance is the criteria most used in practice?
Thanks and enjoy in your weekend:)
BL

From Canada, Stoney Creek
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