DEAR SIR
Pease solve this issue
One of employees have resign from the post of account officer and demanded full and final payments with 10 days work as notice, He is working from 1 year but confirmation letter not issued to him. When we tell him about one month notice period served than he raised following question
01. Tell me rules and act regarding notice period served by employee?
02. You do not isssued confimation letter up to till date?
0
So you are requested that please solve this issue and tell me rules of notice . I think he is right because as per appointments letter he is not confirmed till confirmation lette not issued.
From India, New Delhi
36Pease solve this issue
One of employees have resign from the post of account officer and demanded full and final payments with 10 days work as notice, He is working from 1 year but confirmation letter not issued to him. When we tell him about one month notice period served than he raised following question
01. Tell me rules and act regarding notice period served by employee?
02. You do not isssued confimation letter up to till date?
0
So you are requested that please solve this issue and tell me rules of notice . I think he is right because as per appointments letter he is not confirmed till confirmation lette not issued.
From India, New Delhi
Dear Ashok,
There are several things need to be taken care:
1) The confirmation letter is not been given yet so ethically and practically the company can not force him to serve notice period
2) Is he given an appointment letter? Did appointment letter was containing all terms and conditions of employment?
3) From that employee's point of view, it is seemed that he is insecured and afraid of that whether company will give him all reliving letters or not.
Now coming to your point, general scenario about quitting organization on short notice or without notice is very common and to resolve this issue, most of the companies add one clause while giving an appointment letter that for quitting, an employee must give resignation notice of one month or 1 CTC in lieu of that in case of not serving notice period,
We can not, in any case, surrender that employee and entertain him for 10 days as this will pass a wrong message to other employees and they might be encouraged to leave without notice.
In short, ask your accountant either to serve notice period for one month or submit one CTC to get all relieving letters .. he is not having the 3rd option..
For more details you can catch me anytime...
From India, Surat
There are several things need to be taken care:
1) The confirmation letter is not been given yet so ethically and practically the company can not force him to serve notice period
2) Is he given an appointment letter? Did appointment letter was containing all terms and conditions of employment?
3) From that employee's point of view, it is seemed that he is insecured and afraid of that whether company will give him all reliving letters or not.
Now coming to your point, general scenario about quitting organization on short notice or without notice is very common and to resolve this issue, most of the companies add one clause while giving an appointment letter that for quitting, an employee must give resignation notice of one month or 1 CTC in lieu of that in case of not serving notice period,
We can not, in any case, surrender that employee and entertain him for 10 days as this will pass a wrong message to other employees and they might be encouraged to leave without notice.
In short, ask your accountant either to serve notice period for one month or submit one CTC to get all relieving letters .. he is not having the 3rd option..
For more details you can catch me anytime...
From India, Surat
As Per Punjab Shops and Commercial Establishment Applicable to Gurgaon
Section 23 – Notice by employee
1. Employee who is in service of continuous of three months shall terminate the service by 30 days of notice/notice pay.
(a) When an employee doesn’t serve notice period/notice pay then employer can forfeit unpaid wages as 30 days.
Conclusion
Above section clearly states, employee to terminate service to serve 30 days/notice pay if in case employee fails to serve then employer can forfeit 30 days salary.
Regards,
Samy
From India, Bangalore
Section 23 – Notice by employee
1. Employee who is in service of continuous of three months shall terminate the service by 30 days of notice/notice pay.
(a) When an employee doesn’t serve notice period/notice pay then employer can forfeit unpaid wages as 30 days.
Conclusion
Above section clearly states, employee to terminate service to serve 30 days/notice pay if in case employee fails to serve then employer can forfeit 30 days salary.
Regards,
Samy
From India, Bangalore
Hi,
The above discussion is fine.
In practice the appointment of an employee is an contractual agreement. There should be a clause that it should speak, in probationary period if an employee want to quit he has to serve a month notice or a month salary. Hence this is contractual obligations on the parties.
Regards
shettar
From India, Bangalore
The above discussion is fine.
In practice the appointment of an employee is an contractual agreement. There should be a clause that it should speak, in probationary period if an employee want to quit he has to serve a month notice or a month salary. Hence this is contractual obligations on the parties.
Regards
shettar
From India, Bangalore
Dear Mr Ashok Jingra
In response to your queries,you think that he is right as he has not been issued confirmation letter hence the employer or management cannot insist him to serve notice period.Even me I feel Ethically he is correct.
When any organisation issues any appointment order it is clearly mention the points on Termination clause of Employment from both the parties during probation as well as after confirmation.Plz find out from your end,regarding termination clause mentioned in the Appointment Order issued to him.If there is nothing as such clearly mentioned wrt Notice Period then you are entitled to releive him irrespective of the Nos of Days Notice Period served by him.
Also you are advised to modify the clause and policies and make the employees clearly understood the separation process to avoid such kind of situation as the similar situation was faced by me once.
Regards
Videet
From India, Pune
In response to your queries,you think that he is right as he has not been issued confirmation letter hence the employer or management cannot insist him to serve notice period.Even me I feel Ethically he is correct.
When any organisation issues any appointment order it is clearly mention the points on Termination clause of Employment from both the parties during probation as well as after confirmation.Plz find out from your end,regarding termination clause mentioned in the Appointment Order issued to him.If there is nothing as such clearly mentioned wrt Notice Period then you are entitled to releive him irrespective of the Nos of Days Notice Period served by him.
Also you are advised to modify the clause and policies and make the employees clearly understood the separation process to avoid such kind of situation as the similar situation was faced by me once.
Regards
Videet
From India, Pune
Hi Ashok,
It would have been even more clear and easier, if you would have stated the notice period of an employee under probation period. If the letter speaks that 10days of notice is sufficient during probation period then its nothing that you can do to hold on the employee for a month notice period.
I would say its actually the mistake of the HR. After completion of an employees probation period, HR should get in touch with his reporting head or Department Head to find out if they are satisfied with the work that the employee was doing during the probation period. If everything is well then a confirmation letter had to be issued to the employee. If the concerned head of the employee feels that the employee needs some more training then the probation period has to be increased and later the confirmation letter should have been issued.
Such kind of practices leaves a bad image on the HR and their procedures. I feel that HR has to maintain a updated document to see when an employee completes his/her probation and what is the next step to be done. Anyways bygones are bygones. Just check the clause in his appointment letter for probation period and take things ahead from there.
- Babu
From India, Madras
It would have been even more clear and easier, if you would have stated the notice period of an employee under probation period. If the letter speaks that 10days of notice is sufficient during probation period then its nothing that you can do to hold on the employee for a month notice period.
I would say its actually the mistake of the HR. After completion of an employees probation period, HR should get in touch with his reporting head or Department Head to find out if they are satisfied with the work that the employee was doing during the probation period. If everything is well then a confirmation letter had to be issued to the employee. If the concerned head of the employee feels that the employee needs some more training then the probation period has to be increased and later the confirmation letter should have been issued.
Such kind of practices leaves a bad image on the HR and their procedures. I feel that HR has to maintain a updated document to see when an employee completes his/her probation and what is the next step to be done. Anyways bygones are bygones. Just check the clause in his appointment letter for probation period and take things ahead from there.
- Babu
From India, Madras
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