Dear Preetam,
Terms & Conditions in the Appointment Letter are a 3-month probation period and a 1-month notice period. Confirmation is after successfully completing the probation period.
Although he had not collected the appointment letter from the HR Department, all the terms, conditions, and policies were explained to the employee. He was asked to collect the appointment before leaving the office to avoid any discussion related to the appointment letter or salary package with department colleagues.
From India, Mumbai
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Terms & Conditions in the Appointment Letter are a 3-month probation period and a 1-month notice period. Confirmation is after successfully completing the probation period.
Although he had not collected the appointment letter from the HR Department, all the terms, conditions, and policies were explained to the employee. He was asked to collect the appointment before leaving the office to avoid any discussion related to the appointment letter or salary package with department colleagues.
From India, Mumbai
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Hi guys, though I am not a professional HR, the point here is since the person has not collected his appointment letter from the HR department, it is obvious he has not signed it, which means in simple terms that officially he has not accepted the offer of joining the company, though practically he joined for a couple of days.
Hence, he is not liable for any explanation, nor can any action be taken against him as per the law and HR regulations.
Thanks.
From India, Chennai
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2Hence, he is not liable for any explanation, nor can any action be taken against him as per the law and HR regulations.
Thanks.
From India, Chennai
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As per my experience, I think it could be someone who must have come to spy on your company or maybe got scared regarding the company's infrastructure and culture, or thought that it must not be suitable for him, or must have just come there to check his IQ level in regards to the interview. These are angles which we can consider if the person has been relieved from the company without prior notice.
I do feel that HR departments should handle these situations as special cases and trace them to determine the reason behind it. In my previous company, I found two individuals spying on me and attempting to control the company server.
By HR Manager
Chennai-Zone
From India, Chennai
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I do feel that HR departments should handle these situations as special cases and trace them to determine the reason behind it. In my previous company, I found two individuals spying on me and attempting to control the company server.
By HR Manager
Chennai-Zone
From India, Chennai
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Hi,
Nothing can happen to the employee as he didn't accept the appointment letter since he is not an employee of any company. Now, the employer has to sign his letter at the time of the joining kit.
I don't think that the employee is worried about his 7 days of salary.
Nirmal
From India, Ahmedabad
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Nothing can happen to the employee as he didn't accept the appointment letter since he is not an employee of any company. Now, the employer has to sign his letter at the time of the joining kit.
I don't think that the employee is worried about his 7 days of salary.
Nirmal
From India, Ahmedabad
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How much do you value management's time? How much would it cost you in terms of your time and energy if you pursue a situation where an individual, who did not even collect his appointment letter and was only with you for four days, shows no interest in collecting his salary or relieving letter? Why engage in any form of communication with him, desperately seeking to understand why he left the company? Even if he does not respond, as I am certain he will not, why allow your imagination to run wild, engaging in a guessing game about the probable cause for his departure or frantically exploring options on how to proceed against him for absconding. Is it truly worth management's time?
I understand the need to address such issues if it were an employee who had served the company for two or three years and then resorted to disappearing. In my view, it is better to close such cases as early as possible so that you can redirect your focus to more critical tasks at hand. You can take the following steps:
1) Mark in the muster roll against his name 'resigned with effect from...'
2) Keep the appointment letter and his resignation letter in the file.
3) Settle his four days' salary if your company has no objection (to prevent him from bothering you about this and engaging you in correspondence that is a waste of your time).
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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I understand the need to address such issues if it were an employee who had served the company for two or three years and then resorted to disappearing. In my view, it is better to close such cases as early as possible so that you can redirect your focus to more critical tasks at hand. You can take the following steps:
1) Mark in the muster roll against his name 'resigned with effect from...'
2) Keep the appointment letter and his resignation letter in the file.
3) Settle his four days' salary if your company has no objection (to prevent him from bothering you about this and engaging you in correspondence that is a waste of your time).
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Dear,
Until he/she receives and acknowledges the Appointment Letter (not the Offer letter), submits their joining report, and signs the Company's employment agreement (if any), one can't be treated as an Employee of the Company. Hence, no action can be initiated against them as per LAW.
Regards
From India, Hyderabad
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Until he/she receives and acknowledges the Appointment Letter (not the Offer letter), submits their joining report, and signs the Company's employment agreement (if any), one can't be treated as an Employee of the Company. Hence, no action can be initiated against them as per LAW.
Regards
From India, Hyderabad
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As long as the offer letter is not received by him, there is no problem. Just keep quiet. He will never contact you again as he would have got another opportunity or may not be able to continue for reasons best known to him. However, if he asks for the salary for the days he worked, you can tell him that it is not possible as the offer letter is not issued, and he is not covered under the employment in your company.
From India, Madras
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From India, Madras
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Hi B. Saikumar,
As I was on a probation period in my previous employer and I had given resignation, providing a notice period of 9 days by mail. This was due to my head office and HR being located in Delhi, while I was in Ahmedabad.
I had given a 9-day notice period as stipulated in my appointment letter.
On my last working day, they notified me via email that they were not prepared to release me until a new employee was hired, withholding my salary and Full and Final settlement.
Now, 22 days after leaving the company, they sent a letter to my home stating my absence for the past 22 days and warning of legal action if I do not respond.
I seek your advice on how to proceed in this situation. Can I issue a legal notice against the company to claim my salary, considering that I followed all protocols?
One concern I have is regarding my appointment letter, which states a 7-day notice period requirement and specifies that resignation is effective only upon acceptance. They seem to be arguing based on this provision.
I believe this is unfair as if the employer delays acceptance for six months, it should not bind me to continue working there.
Please advise on the next steps.
Nirmal
From India, Ahmedabad
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As I was on a probation period in my previous employer and I had given resignation, providing a notice period of 9 days by mail. This was due to my head office and HR being located in Delhi, while I was in Ahmedabad.
I had given a 9-day notice period as stipulated in my appointment letter.
On my last working day, they notified me via email that they were not prepared to release me until a new employee was hired, withholding my salary and Full and Final settlement.
Now, 22 days after leaving the company, they sent a letter to my home stating my absence for the past 22 days and warning of legal action if I do not respond.
I seek your advice on how to proceed in this situation. Can I issue a legal notice against the company to claim my salary, considering that I followed all protocols?
One concern I have is regarding my appointment letter, which states a 7-day notice period requirement and specifies that resignation is effective only upon acceptance. They seem to be arguing based on this provision.
I believe this is unfair as if the employer delays acceptance for six months, it should not bind me to continue working there.
Please advise on the next steps.
Nirmal
From India, Ahmedabad
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An employee who does not collect his appointment letter, joins duty only for 4 days (probably to have a feel of the job) and disappears thereafter has apparently not been serious about this job. Such an employee would never be interested in any salary or experience letter from your organization. If by any chance this employee asks for his salary, please request him to send a photocopy of his appointment letter through his present employer. Please ignore his resignation letter since you have nothing on record of his having accepted the appointment and its terms and conditions. And unless he has accepted the appointment, he can't be on your rolls.
Though it is highly undesirable for an employee to behave in this manner, the fact remains that employment ethics are not followed by many individuals. Therefore, to avoid heartburns, HR has to ignore such cases and concentrate on retaining those who are contributing to the organization with their dedication and performance.
From India, Delhi
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Though it is highly undesirable for an employee to behave in this manner, the fact remains that employment ethics are not followed by many individuals. Therefore, to avoid heartburns, HR has to ignore such cases and concentrate on retaining those who are contributing to the organization with their dedication and performance.
From India, Delhi
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Dear Member,
Since he has not collected his offer letter, he doesn't stand liable for any misconduct case in your organization even though he had submitted his documents. You shall not release his salary, update his record in your database, and be cautious of his application in the future. Please cascade the same information to the respective teams in your organization.
Thank you,
Neha
From India, Delhi
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Since he has not collected his offer letter, he doesn't stand liable for any misconduct case in your organization even though he had submitted his documents. You shall not release his salary, update his record in your database, and be cautious of his application in the future. Please cascade the same information to the respective teams in your organization.
Thank you,
Neha
From India, Delhi
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