hi seniors. i am working as an hr manager in hotel industry. in the appointment letters given to employees it was mentioned that -:
Probation / Confirmation:
You will be on probation for a period of six months of joining work, but if the Management is not satisfied with your work and conduct, your services shall be liable to termination without notice at any time during or on completion of the probation period. This period of probation will be liable to such extension (s) as the Management may deem fit in its sole discretion. Unless an order in writing confirming you is given, you will not be deemed to have been made permanent.
During the probation period your services can be terminated with seven days notice on either side and without any reasons whatsoever. If your services are found satisfactory during the probation period, you will be confirmed in the present position and thereafter your services can be terminated on one month's notice on either side.
so as mentiones above it says one month notice on either side for termination but its not mentioned one month salary in lieu of notice.
As our company is new company i havent given confirmation letter to any one but i need to give confirmation in this month . so can i add this clause of one month salary in lieu of notice in confirmation letter ???
kindly suggest.
gaurav arora.
From India, Pune
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5Probation / Confirmation:
You will be on probation for a period of six months of joining work, but if the Management is not satisfied with your work and conduct, your services shall be liable to termination without notice at any time during or on completion of the probation period. This period of probation will be liable to such extension (s) as the Management may deem fit in its sole discretion. Unless an order in writing confirming you is given, you will not be deemed to have been made permanent.
During the probation period your services can be terminated with seven days notice on either side and without any reasons whatsoever. If your services are found satisfactory during the probation period, you will be confirmed in the present position and thereafter your services can be terminated on one month's notice on either side.
so as mentiones above it says one month notice on either side for termination but its not mentioned one month salary in lieu of notice.
As our company is new company i havent given confirmation letter to any one but i need to give confirmation in this month . so can i add this clause of one month salary in lieu of notice in confirmation letter ???
kindly suggest.
gaurav arora.
From India, Pune
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Hi Gaurav,
You cannot mention this in the confirmation letter now as a stand-alone statement. You need to first announce this as a 'Policy Change' by displaying it on the notice boards, intra-mails, newsletters, etc.
Also, while announcing this change, please mention what you mean by 'salary' for this purpose. i.e., will it be gross salary or net salary or will it include variable pay also, if any, etc., and mention the date it is effective from.
Once that is done, you don't have to mention this in the confirmation letter again unless you want to iterate the point.
However, you won't mostly be able to apply this to employees who are already on board because such a thing has to be intimated to them at the time of joining itself.
But check if your offer letters or your employee manual has this line - 'employees will have to adhere to the company rules and regulations as and when changed/introduced.' If yes, then all the employees automatically become liable to any policy changes. If no, then a few employees might raise objections, so be prepared to handle them.
Hope this helps.
From India, Hyderabad
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You cannot mention this in the confirmation letter now as a stand-alone statement. You need to first announce this as a 'Policy Change' by displaying it on the notice boards, intra-mails, newsletters, etc.
Also, while announcing this change, please mention what you mean by 'salary' for this purpose. i.e., will it be gross salary or net salary or will it include variable pay also, if any, etc., and mention the date it is effective from.
Once that is done, you don't have to mention this in the confirmation letter again unless you want to iterate the point.
However, you won't mostly be able to apply this to employees who are already on board because such a thing has to be intimated to them at the time of joining itself.
But check if your offer letters or your employee manual has this line - 'employees will have to adhere to the company rules and regulations as and when changed/introduced.' If yes, then all the employees automatically become liable to any policy changes. If no, then a few employees might raise objections, so be prepared to handle them.
Hope this helps.
From India, Hyderabad
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Thank you, Deepti.
Yes, it is mentioned in their appointment letter:
"The foregoing constitutes the entire agreement as regards the terms and conditions of your service with the Company and they shall be subject to such modifications and amendments as may be introduced from time to time as per the Company's Rules & Regulations."
So now, tell me, what should I do?
Regards,
Gaurav.
From India, Pune
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Yes, it is mentioned in their appointment letter:
"The foregoing constitutes the entire agreement as regards the terms and conditions of your service with the Company and they shall be subject to such modifications and amendments as may be introduced from time to time as per the Company's Rules & Regulations."
So now, tell me, what should I do?
Regards,
Gaurav.
From India, Pune
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Mr. Gaurav,
As far as the confirmation letter is concerned, it is always better to give the confirmation letter to an employee. There is no harm and no problem at all in mentioning in the confirmation letter that the Clause No. "SO & SO" of your Appointment letter stands revised as under, in the language you have chosen.
There is no legality involved in it. Company's rules and regulations can be changed at any time.
From India, Delhi
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As far as the confirmation letter is concerned, it is always better to give the confirmation letter to an employee. There is no harm and no problem at all in mentioning in the confirmation letter that the Clause No. "SO & SO" of your Appointment letter stands revised as under, in the language you have chosen.
There is no legality involved in it. Company's rules and regulations can be changed at any time.
From India, Delhi
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Dear Gaurav,
How can you add something that is not there in the offer letter? It is that only, right? You can only quote that if it is there in the offer letter. Like the organization I joined, it took one month's security and seized it if anyone left without serving the notice period. (You would say some rule that is.) I asked them to adjust my security against the one month's notice and requested them to release me immediately.
You could ask for clarifications if there is a provision for one month's salary against the one month's notice. If there isn't, then hope it is included in future amendments.
:icon1:
From India, Mumbai
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How can you add something that is not there in the offer letter? It is that only, right? You can only quote that if it is there in the offer letter. Like the organization I joined, it took one month's security and seized it if anyone left without serving the notice period. (You would say some rule that is.) I asked them to adjust my security against the one month's notice and requested them to release me immediately.
You could ask for clarifications if there is a provision for one month's salary against the one month's notice. If there isn't, then hope it is included in future amendments.
:icon1:
From India, Mumbai
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Hi Gaurav,
I'm also working as an HR manager in a BPO industry. According to my company's policies and rules, we will hold the salary for the one-month notice period, and at the time of the settlement, we will repay them through check payment. If you want even more suggestions and clarifications, you can also visit websites like HR Village, etc., and you can go through the offer letters of many corporate companies, as well as in industries like the hotel industry where you are currently working.
Meanwhile, I will try to gather more information for you.
Be well,
Suhashini.
From India, Tiruppur
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I'm also working as an HR manager in a BPO industry. According to my company's policies and rules, we will hold the salary for the one-month notice period, and at the time of the settlement, we will repay them through check payment. If you want even more suggestions and clarifications, you can also visit websites like HR Village, etc., and you can go through the offer letters of many corporate companies, as well as in industries like the hotel industry where you are currently working.
Meanwhile, I will try to gather more information for you.
Be well,
Suhashini.
From India, Tiruppur
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Hi Gaurav,
In my opinion, you should leave it as a notice only. In case you write "one month salary in lieu of notice" in the confirmation letter, it will become the right of the employee to leave immediately by paying one month's salary. This will create a problem in the future. Having a notice period also helps the organization in finding a replacement for the employee.
Regards,
Umesh Sharma
From India, Madras
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In my opinion, you should leave it as a notice only. In case you write "one month salary in lieu of notice" in the confirmation letter, it will become the right of the employee to leave immediately by paying one month's salary. This will create a problem in the future. Having a notice period also helps the organization in finding a replacement for the employee.
Regards,
Umesh Sharma
From India, Madras
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In my view, there is no harm in mentioning the notice pay in the confirmation letter. It's, in fact, in the favor of the employee only. If somebody wants to leave the company and is not in a position to serve the notice period, there must be some way out, and this is the best option in favor of both the employee and the employer. It's up to you how you sell this to employees. But do not forget to mention that "It's solely the company's wish to give an employee the option for notice pay." If the company wants him to serve the notice period, the employee needs to abide.
From India, Bangalore
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From India, Bangalore
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Notice Period Extension Letter Format.doc