Hi,
Let me write the case now in short.
The employee was in the probation period (served 3 months). After submitting the resignation, it was mutually decided on the relieving date. After handing over data as instructed by the company, the employee applied for leave but it was declined by their superior, resulting in the employee being treated as absent/unauthorized leave for 4.5 days (including one Sunday). The HR department issued a letter to the employee, to which the employee replied by requesting leave in lieu of pay (LOP). When no response was received, the employee returned to work and, as per the company's instructions, handed over the assets and received an acknowledgment. Since the reporting boss of the employee sits at the corporate office, they were asked to courier the filled exit interview form. After leaving the office, the HR department sent an email with a letter asking for the reason and explanation for the unauthorized absence, to which the employee replied. Subsequently, the official email ID was blocked.
Queries:
1. Can an employer terminate an employee on their last working day? For example, if the relieving date/last working day is June 6th, is it possible to issue a termination letter on June 7th stating the effective date for termination of the contract as June 6th?
2. If a termination letter is issued to the employee, what legal actions can be taken by the employee?
3. If a termination letter is issued, what is the maximum period for an employer to release the employee's Full and Final settlement?
I request you to please go through the case and provide guidance for which I will be highly obliged.
Regards,
Abhimanyu
From India, Hyderabad
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Let me write the case now in short.
The employee was in the probation period (served 3 months). After submitting the resignation, it was mutually decided on the relieving date. After handing over data as instructed by the company, the employee applied for leave but it was declined by their superior, resulting in the employee being treated as absent/unauthorized leave for 4.5 days (including one Sunday). The HR department issued a letter to the employee, to which the employee replied by requesting leave in lieu of pay (LOP). When no response was received, the employee returned to work and, as per the company's instructions, handed over the assets and received an acknowledgment. Since the reporting boss of the employee sits at the corporate office, they were asked to courier the filled exit interview form. After leaving the office, the HR department sent an email with a letter asking for the reason and explanation for the unauthorized absence, to which the employee replied. Subsequently, the official email ID was blocked.
Queries:
1. Can an employer terminate an employee on their last working day? For example, if the relieving date/last working day is June 6th, is it possible to issue a termination letter on June 7th stating the effective date for termination of the contract as June 6th?
2. If a termination letter is issued to the employee, what legal actions can be taken by the employee?
3. If a termination letter is issued, what is the maximum period for an employer to release the employee's Full and Final settlement?
I request you to please go through the case and provide guidance for which I will be highly obliged.
Regards,
Abhimanyu
From India, Hyderabad
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After relieving, termination is not possible, but before any day termination of service of a probationer is valid because a probationer can be terminated without assigning any reason. The employee has no other option but to accept the termination and leave. He cannot legally fight against the action of termination as he was under probation. In any case, his full and final settlement shall be made within 24 hours of his relieving.
Regards, Madhu.T.K
From India, Kannur
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4490Regards, Madhu.T.K
From India, Kannur
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Hi,
During probation or notice period, normally leaves are not granted but only in emergencies. What was your reply to HR regarding your unauthorized leave? Anyway, you are supposed to get your F&F. I suggest you move on, hide this short period from showing on your CV; the world is big to prove things.
Regards,
Javaid
From India, Mumbai
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During probation or notice period, normally leaves are not granted but only in emergencies. What was your reply to HR regarding your unauthorized leave? Anyway, you are supposed to get your F&F. I suggest you move on, hide this short period from showing on your CV; the world is big to prove things.
Regards,
Javaid
From India, Mumbai
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Can an employer release a termination letter after the relieving date?
I agree with your statement. However, during the probation period, does an employee who has worked for 3 months need to serve a notice period?
Is 4.5 days of unauthorized absence grounds for terminating an employee?
It has been 8 days since the termination letter was issued, but there has been no reply from the HR department regarding the Full and Final (F & F) statement and the releasing date.
Regards,
Sunit
From India, Hyderabad
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I agree with your statement. However, during the probation period, does an employee who has worked for 3 months need to serve a notice period?
Is 4.5 days of unauthorized absence grounds for terminating an employee?
It has been 8 days since the termination letter was issued, but there has been no reply from the HR department regarding the Full and Final (F & F) statement and the releasing date.
Regards,
Sunit
From India, Hyderabad
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Dear Madhu sir,
Please suggest, after the completion of the probation period of an employee who will come under regular employment, can the organization terminate his employment within the notice period (for example, 1 month from the date of resignation) given by an employee?
From India, Hyderabad
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Please suggest, after the completion of the probation period of an employee who will come under regular employment, can the organization terminate his employment within the notice period (for example, 1 month from the date of resignation) given by an employee?
From India, Hyderabad
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During the notice period, if the employer finds that the employee need not stay or if the employer feels that an employee who has decided to leave will just be spending his time in the company and will not take up responsibility or will spread negative energy only, he can be asked to leave before the effective date of relieving. In such cases, the employer will have to pay the salary up to the date of his relieving. This is just the reverse of the nature where an employee pays notice pay for his early relieving by the company.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Mr. Abhimanyu,
Kindly orient yourself for proper expression on social sites like this. Please avoid unnecessary abbreviations when you desire to explain clearly.
In the probation period, the employer and/or the employee can separate without any conditions. Letter dates, etc., are just technical queries that can be easily tackled. The corporate world is small in the true sense. Therefore, prudence advises leaving the organization with grace and without adverse remarks.
Best of luck.
V. Rangarajan.
From India, Pune
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Kindly orient yourself for proper expression on social sites like this. Please avoid unnecessary abbreviations when you desire to explain clearly.
In the probation period, the employer and/or the employee can separate without any conditions. Letter dates, etc., are just technical queries that can be easily tackled. The corporate world is small in the true sense. Therefore, prudence advises leaving the organization with grace and without adverse remarks.
Best of luck.
V. Rangarajan.
From India, Pune
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Appointment Letter to an Employee for fixed period.doc