Case Summary
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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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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Termination During Probation Period
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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4537After 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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During probation or notice periods, leaves are typically not granted except in emergencies. What was your response to HR regarding your unauthorized leave? Regardless, you are entitled to receive your Full and Final (F&F) settlement. I suggest you move on and omit this short period from your CV; the world is vast, and there are many opportunities to prove yourself.
Regards,
Javaid
From India, Mumbai
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Regards,
Javaid
From India, Mumbai
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Termination Letter After 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?
Unauthorized Absence and Termination
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?
Unauthorized Absence and Termination
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 comes 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?
Regards
From India, Hyderabad
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Please suggest, after the completion of the probation period of an employee who comes 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?
Regards
From India, Hyderabad
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Employer's Right to Relieve an Employee During Notice Period
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 their time in the company without taking up responsibility or spreading negative energy, the employee 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 the employee's relieving. This is just the reverse of the scenario where an employee pays notice pay for early relieving by the company.
Regards,
Madhu.T.K
From India, Kannur
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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 their time in the company without taking up responsibility or spreading negative energy, the employee 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 the employee's relieving. This is just the reverse of the scenario where an employee pays notice pay for early relieving by the company.
Regards,
Madhu.T.K
From India, Kannur
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Appointment Letter to an Employee for fixed period.doc