Hello Everyone:
My husband joined an IT Company on August 8, 2013.
Notice period during probation: 1 month
Notice period after confirmation: 3 months
His probation is for one year. He recently received an "Letter of Confirmation" from the HR department which say that "You are confirmed with effect from August 8, 2014."
Now my query is: if he resigns before August 8, 2014, what will be duration of notice he will have to serve.
Also, if the HR department push him to serve 3 months notice period despite the letter of confirmation says that the confirmation is effective from August 8, 2014.
From India, Delhi
My husband joined an IT Company on August 8, 2013.
Notice period during probation: 1 month
Notice period after confirmation: 3 months
His probation is for one year. He recently received an "Letter of Confirmation" from the HR department which say that "You are confirmed with effect from August 8, 2014."
Now my query is: if he resigns before August 8, 2014, what will be duration of notice he will have to serve.
Also, if the HR department push him to serve 3 months notice period despite the letter of confirmation says that the confirmation is effective from August 8, 2014.
From India, Delhi
Hi, Till his effective date of confirmation he is on probation only, so no need of to serve 3 months notice,for him only 1 month, if he will resign before effective date of confirmation.
From India, Mumbai
427From India, Mumbai
Mr.Ravi is right. 3 months notice will be applicable only after confirmation and not before that. Col.Suresh Rathi
From India, Delhi
From India, Delhi
Dear Venusg,
You people have a point here. I go with other friends (prima facie). It's almost very clear, he is still on probation (be careful sensing your intentions they shouldn't advance his confirmation date).
Date of joining 8.8.2013;
Probation period: One year from 8.8.2013 till 7.8.2014;
Date of confirmation: W.e.f. 8.8.2014 (an event yet to occur).
No doubt the probation period has not ended hence the notice period applicable is only one month, as per extant position . But, But, But..supposing he resigns today (25.7.2014) thus notice period of one month commences/counted from 25.7.14 and goes on for one month i.e. upto 24.8.2014, the catch here is by then he gets confirmed on 8.8.2014 !!!!!!!! and therefore by the end of the notice period i.e. on 24.8.14 he would have become a 'confirmed employee' what you are going to do ? (This is only for argument sake, it's no way my intention friends). Think it over loudly and find a solution. Thank God if they don't think in these lines. May be a payout solution may come out handy instead of serving notice period.
From India, Bangalore
You people have a point here. I go with other friends (prima facie). It's almost very clear, he is still on probation (be careful sensing your intentions they shouldn't advance his confirmation date).
Date of joining 8.8.2013;
Probation period: One year from 8.8.2013 till 7.8.2014;
Date of confirmation: W.e.f. 8.8.2014 (an event yet to occur).
No doubt the probation period has not ended hence the notice period applicable is only one month, as per extant position . But, But, But..supposing he resigns today (25.7.2014) thus notice period of one month commences/counted from 25.7.14 and goes on for one month i.e. upto 24.8.2014, the catch here is by then he gets confirmed on 8.8.2014 !!!!!!!! and therefore by the end of the notice period i.e. on 24.8.14 he would have become a 'confirmed employee' what you are going to do ? (This is only for argument sake, it's no way my intention friends). Think it over loudly and find a solution. Thank God if they don't think in these lines. May be a payout solution may come out handy instead of serving notice period.
From India, Bangalore
Dear Sir
The employee is still under probation and the confirmation does not happen at its own. There may be other clause such as assessment etc. No company will confirm an employee only for the sake of completion of one year and there will be no automatic confirmation. Since the employee has put up his resignation during his probation all the clause applicable under probation shall be applicable
Vinod Kumar K .
From India, Mumbai
The employee is still under probation and the confirmation does not happen at its own. There may be other clause such as assessment etc. No company will confirm an employee only for the sake of completion of one year and there will be no automatic confirmation. Since the employee has put up his resignation during his probation all the clause applicable under probation shall be applicable
Vinod Kumar K .
From India, Mumbai
Technically speaking, if an employee resigns during the probation period, the clauses of probation shall be applicable, so don't get confuse, you just only have to refer your husband's appointment letter once again just to see if there is any other sub clause under the probation clause which may tend him to serve notice of 3 months, which i believe it won't be there .
From India, Kollam
From India, Kollam
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Withdrawl of Resignation and Notice period.doc