If an employee who is on a probation period of 6 months and has been working for only 4 months resigns, and there is no clause in the offer letter regarding the notice period, is any notice period required to be served by the employee at the Manager position? Additionally, if the employee gives only a 3-day notice period, what should be the maximum time period in which the company is required to settle Full and Final (F & F) with all the dues paid to that employee (manager)?
From India, Mumbai
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From India, Mumbai
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Dear Jatin, As you told there is no clause stating to serve notice period during the probation period,then its not applicable. as F & F settlement it will be done by companies standerds.
From India, Mumbai
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454From India, Mumbai
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Dear Jatin,
As you mentioned, there is no Notice Period Clause. Technically, he can leave without a notice period, but being a manager, it is his moral responsibility to give a minimum 15 days' notice period.
F&F settlement is as per company HR Policy. However, F&F Settlement must be done within 45 days of proper relieving of an employee, which is appreciable.
Thank you.
From India, Hyderabad
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As you mentioned, there is no Notice Period Clause. Technically, he can leave without a notice period, but being a manager, it is his moral responsibility to give a minimum 15 days' notice period.
F&F settlement is as per company HR Policy. However, F&F Settlement must be done within 45 days of proper relieving of an employee, which is appreciable.
Thank you.
From India, Hyderabad
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Agreed with Rajashekar, provide notice is a moral responsiblity , if there is provision in appointment clause you have to follow the same. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
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From India, Ghaziabad
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Dear Jati,
You mentioned that there is no notice period clause during the probationary period as specified in the appointment letter. In such a case, the question of a minimum or maximum notice period does not arise. Since he has given a 3-day notice period, please accept his resignation, relieve him from the post after clearance from all departments, and settle his accounts. Remember, the company's door is an entry and exit, not a one-way passage.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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You mentioned that there is no notice period clause during the probationary period as specified in the appointment letter. In such a case, the question of a minimum or maximum notice period does not arise. Since he has given a 3-day notice period, please accept his resignation, relieve him from the post after clearance from all departments, and settle his accounts. Remember, the company's door is an entry and exit, not a one-way passage.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Appointment Letter to an Employee for fixed period.doc
Settlement of dues of decesased employee.pdf