If an employee is incremented without a confirmation letter, does he have to serve notice at the time of separation? In addition, his appointment order states that confirmation needs to be informed by letter. What is the legality on this?
Regards,
Pranay
From India, Delhi
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1Regards,
Pranay
From India, Delhi
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You are discussing two separate things in the same point. Whether there is an increment or not, there should be a notice period attached to any separation depending on the company's policy.
Contractor Employment and Notice Period
Secondly, if you are working as a contractor, your principal employer would provide an offer letter that you need to confirm with your employer that you agree to the said increment. Even in this scenario, there would be a notice period that should be agreed upon with your employer. If you have agreed to the increment and then resigned, the effective amount should be paid for the period after the said agreement.
Hope this clarifies.
Regards,
Vivek
From India, Bangalore
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Contractor Employment and Notice Period
Secondly, if you are working as a contractor, your principal employer would provide an offer letter that you need to confirm with your employer that you agree to the said increment. Even in this scenario, there would be a notice period that should be agreed upon with your employer. If you have agreed to the increment and then resigned, the effective amount should be paid for the period after the said agreement.
Hope this clarifies.
Regards,
Vivek
From India, Bangalore
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Sub-Increment without Confirmation
What I understand from the very brief details given by you is that when an employee has been granted an increment during probation, it raises the question of whether it amounts to confirmation, even though no letter was issued to him confirming his service. If it does not amount to confirmation, is he required to give notice of resignation, treating such an employee as under probation?
It is also not clear what your terms of employment are regarding the notice period on resignation during probation and after confirmation. Without this information, it is not possible to provide an appropriate reply.
Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: [Phone Number Removed For Privacy Reasons]
From India, Mumbai
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What I understand from the very brief details given by you is that when an employee has been granted an increment during probation, it raises the question of whether it amounts to confirmation, even though no letter was issued to him confirming his service. If it does not amount to confirmation, is he required to give notice of resignation, treating such an employee as under probation?
It is also not clear what your terms of employment are regarding the notice period on resignation during probation and after confirmation. Without this information, it is not possible to provide an appropriate reply.
Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: [Phone Number Removed For Privacy Reasons]
From India, Mumbai
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The confirmation clause states that a person must serve a notice of 3 months if they are confirmed via letter; otherwise, one month's notice is required. In this case, the individual did not receive a confirmation letter but did receive an increment letter and now wishes to separate from the company. Would they be required to serve a 3-month notice or a 1-month notice?
Thank you.
From India, Delhi
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Thank you.
From India, Delhi
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Employment Confirmation and Notice Period
When the terms of employment specifically state that an employee is considered confirmed only upon receiving written confirmation, and as long as such a letter has not been provided, the employee is not deemed confirmed, regardless of any increments granted. Therefore, it is sufficient for the employee to give one month's notice of separation.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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When the terms of employment specifically state that an employee is considered confirmed only upon receiving written confirmation, and as long as such a letter has not been provided, the employee is not deemed confirmed, regardless of any increments granted. Therefore, it is sufficient for the employee to give one month's notice of separation.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Notice Period Extension Letter Format.doc