As per our company policy, after confirmation the employee must serve one month notice period inorder to resign. However , in our Company nobody has yet got the Confirmation letter, even after being in service for 2-3 years. I would like to know, if an employee resigns without serving the notice period, is it right stop his full and final settlement. is it legal or illegal?
kindly give your feedback.
From India, Bangalore
kindly give your feedback.
From India, Bangalore
Hi,
My view is :
have u mentioned the clause specifically in the appointment letter that employee will stand confirmed only if confirmation letter is provided?
If this clause is not there then employees are confirmed after there confirmation tenure is over.
If this clause is there,then in my view u can only talk to them to come to an amicable solution but legally u cant enforce them to stay..
From India, Chandigarh
17My view is :
have u mentioned the clause specifically in the appointment letter that employee will stand confirmed only if confirmation letter is provided?
If this clause is not there then employees are confirmed after there confirmation tenure is over.
If this clause is there,then in my view u can only talk to them to come to an amicable solution but legally u cant enforce them to stay..
From India, Chandigarh
Dear,
How does it become a company policy if nobody has got their confirmation letters? Please be more clear on the issue. If the terms of appointment state that an employee after confirmation needs to serve one month notice before leaving then the employee has no other option. But the fact remains that whether the employee is getting the confirmation or not? If he/she doesn't get the confirmation, then that particular clause for notice period (if stated in the appointment letter) stands null and void. So what really matters is the clause stated in your appointment letter. Please go through your appointment letter carefully and revert back in case of any help.
Regards
From India, New Delhi
How does it become a company policy if nobody has got their confirmation letters? Please be more clear on the issue. If the terms of appointment state that an employee after confirmation needs to serve one month notice before leaving then the employee has no other option. But the fact remains that whether the employee is getting the confirmation or not? If he/she doesn't get the confirmation, then that particular clause for notice period (if stated in the appointment letter) stands null and void. So what really matters is the clause stated in your appointment letter. Please go through your appointment letter carefully and revert back in case of any help.
Regards
From India, New Delhi
As per a SC ruling, an employee cannot remain on Probation forever. After a considerable time on job, even no written communication is served to confirm his job, the employee will be deemed as confirmed.
However, withholding settlement on account of not serving notice period is not going to be in your favour. But, the way out here could be to ask them to get a 'Clearance Certificate' from all the departments so that their F&F can be processed.
Prashant
From India, Delhi
However, withholding settlement on account of not serving notice period is not going to be in your favour. But, the way out here could be to ask them to get a 'Clearance Certificate' from all the departments so that their F&F can be processed.
Prashant
From India, Delhi
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