Dear Senior:
If employee incremented without confirmation letter, then he have to serve notice or not at the time of separation?. In addtion , his appointment order says, confirmation need to inform by letter. So what is Legality on this?
regards
Pranay
From India, Delhi
1If employee incremented without confirmation letter, then he have to serve notice or not at the time of separation?. In addtion , his appointment order says, confirmation need to inform by letter. So what is Legality on this?
regards
Pranay
From India, Delhi
Dear Pranay :
You are talking two seperate things in the same point. Though there is an increment or not - there should be a notice period attached to any seperation depending on the policy of notice period by the company.
Secondly, if you are working as a contractor - your princple employer would give an offer letter which you need to confirm with your employer that you agreed the said increment. Even in this scenario there would be a notice period which should be agreed 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.
- Vivek
From India, Bangalore
You are talking two seperate things in the same point. Though there is an increment or not - there should be a notice period attached to any seperation depending on the policy of notice period by the company.
Secondly, if you are working as a contractor - your princple employer would give an offer letter which you need to confirm with your employer that you agreed the said increment. Even in this scenario there would be a notice period which should be agreed 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.
- Vivek
From India, Bangalore
Sub- Increment without confirmation
What I understand from the very brief details given by you is that when an employee has been granted increment during probation, whether it amounts to confirmation even though no letter was issued to him confirming him in the service and if it does not amount to confirmation, whether he is required to give notice of resignation treating such employee under probation.
It is also not clear as to what are your terms of employment about notice period on resignation during probation and after confirmation.. Without this, it is not possible to give an appropriate reply.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234
From India, Mumbai
What I understand from the very brief details given by you is that when an employee has been granted increment during probation, whether it amounts to confirmation even though no letter was issued to him confirming him in the service and if it does not amount to confirmation, whether he is required to give notice of resignation treating such employee under probation.
It is also not clear as to what are your terms of employment about notice period on resignation during probation and after confirmation.. Without this, it is not possible to give an appropriate reply.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234
From India, Mumbai
Dear Saikumar
Confirmation clause says, person has to serve notice of 3 months if he confirmed via letter otherwise one month. In this case person not got confirmation letter but got incrment letter and person wants to separate from company. So he have to serve a 3 month notice or 1 month notice?
From India, Delhi
Confirmation clause says, person has to serve notice of 3 months if he confirmed via letter otherwise one month. In this case person not got confirmation letter but got incrment letter and person wants to separate from company. So he have to serve a 3 month notice or 1 month notice?
From India, Delhi
when the terms of employment says specifically that an employee is treated to have been confirmed only on being informed so in writing and then so long as such letter is not given, he is not deemed to have been confirmed irrespective of the fact he has been granted increment. therefore , it is enough if he gives one month notice of seperation.
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Confirmation Letter.doc