I joined the organisation on 01 Nov 23, and my appointment letter contains. The employee will be on probation for a period of 6 (six) months from the effective date. The company may extend this probationary period at its sole discretion. On successful completion of the probationary period to the company's satisfaction, the Employee's employment will be confirmed by the company in writing.
In writing, the company did not give any hard copy of the confirmation and never took a signature on the confirmation contract.
The company sent the group confirmation mail to all employees, but no employee was able to reply to accept it.
I resigned from that organisation in writing on 01 Sep 23. In the full and final settlement, the company asked me to pay 49000 as a recovery, even though some of the components were never parts of the salary slip (retention bonus).
My manager agreed to relieve me on 22 Sep 23 by written communication over email, and HR is asking me to pay money.
Verbally I conveyed to HR and Manager in June 23 that I will be leaving as soon as possible.
Is my employment with company considered as probation or confirmed, please help me on this.
From India, Mumbai
In writing, the company did not give any hard copy of the confirmation and never took a signature on the confirmation contract.
The company sent the group confirmation mail to all employees, but no employee was able to reply to accept it.
I resigned from that organisation in writing on 01 Sep 23. In the full and final settlement, the company asked me to pay 49000 as a recovery, even though some of the components were never parts of the salary slip (retention bonus).
My manager agreed to relieve me on 22 Sep 23 by written communication over email, and HR is asking me to pay money.
Verbally I conveyed to HR and Manager in June 23 that I will be leaving as soon as possible.
Is my employment with company considered as probation or confirmed, please help me on this.
From India, Mumbai
Dear Gaurav, The dates written in your post are confusing. Probably, you have written the wrong years. Please check the dates and rewrite the post. Thanks, Dinesh Divekar
From India, Bangalore
7879From India, Bangalore
Hi,
As rightly pointed out by Mr.Dinesh, please check the dates mentioned by you. They are irrelevant.
Confirmation letter cannot be emailed to a group of members. When letter of appointment / letter of contract is issued individually confirmation should also be communication employee wise and group confirmation is not valid. More over the joining dates of individuals might be varying from one another.
As long as confirmation letter is not issued in writing it should be construed as still you are in probation. You need to follow the notice period clause which is applicable during probation. Please discuss the above with your HR and try for amicable relieving.
From India, Madras
As rightly pointed out by Mr.Dinesh, please check the dates mentioned by you. They are irrelevant.
Confirmation letter cannot be emailed to a group of members. When letter of appointment / letter of contract is issued individually confirmation should also be communication employee wise and group confirmation is not valid. More over the joining dates of individuals might be varying from one another.
As long as confirmation letter is not issued in writing it should be construed as still you are in probation. You need to follow the notice period clause which is applicable during probation. Please discuss the above with your HR and try for amicable relieving.
From India, Madras
I have this email to my HR and in revert she mailed me as below
Dear HR
Greetings for the day!
1. Refer to the subject & the following:-
(a) ATCOE appointment letter dated 01 Nov 22.
(b) My email dated 01 Sep 23.
(c) Operations Head email dated 11 Sep 23.
(d) My email dated 11 Sep 23.
(e) Operations Head email dated 18 Sep 23.
(f) HR email dated 23 Oct 23.
(g) My email dated 25 Oct 23.
(h) HR email dated 15 Nov 23.
(i) HR email dated 23 Nov 23.
- could not understand this point
2. As per the appointment letter at Para 1(a) ibid, under Clause 3 (Term & Place of Employment) Subclause 3.3 - The employee will be on probation for a period of 6 (six) months from the effective date. This probationary period may be extended by the company at its sole discretion. On successful completion of the probationary period to the satisfaction of the company, the Employee's employment will be confirmed by the company in writing. No ink signed copy occur between both parties. – Since the entire customer service team was rebadged from milk infotech to Apollo tyres in the month of Nov 2022, instead of giving individual confirmation letters to each of the customer service employee there was one e-mail which was sent to all the customer service employees that effective their date of joining in Apollo tyres COE their employment status is confirmed.
Regarding your specific query on the clause of the appointment letter, it is clearly mentioned in the appointment letter that the employee’s employment will be confirmed by the company in writing (which was done through the e-mail) and there is nowhere mentioned in the appointment letter that an ink signed copy is required between both the parties regarding the confirmation of employment.
3. Number of working days disclosed in email at Para 1(f) ibid is 17 Days, seeking clarification on the same. As per the attendance policy of ATCOE dated 01 Feb 23, attendance cycle should start from 25th of effective month to 20th of upcoming month. -
could not understand this point
4. Email at Para 1(f) ibid, F&F settlement contain recovery of Notice Period after seeking wavier on email at Para 1(d) ibid. Confirmation of last working day received vide email at Para 1(e) ibid i.e. 22nd Sep 23. Seeking clarification on Para 2 and 4. -
could not understand this point.
5. Email at Para 1(f) ibid, F&F Salary Adv Recovery & Retention Bonus Recovery - Both has not been component of salary slip from Nov 22 to Aug 23, seeking clarification on the same. -
could not understand this point.
6. In view of the above, requested you to provide clarification on the above said particulars.
Thanks & Regards
Gaurav
From India, Mumbai
Dear HR
Greetings for the day!
1. Refer to the subject & the following:-
(a) ATCOE appointment letter dated 01 Nov 22.
(b) My email dated 01 Sep 23.
(c) Operations Head email dated 11 Sep 23.
(d) My email dated 11 Sep 23.
(e) Operations Head email dated 18 Sep 23.
(f) HR email dated 23 Oct 23.
(g) My email dated 25 Oct 23.
(h) HR email dated 15 Nov 23.
(i) HR email dated 23 Nov 23.
- could not understand this point
2. As per the appointment letter at Para 1(a) ibid, under Clause 3 (Term & Place of Employment) Subclause 3.3 - The employee will be on probation for a period of 6 (six) months from the effective date. This probationary period may be extended by the company at its sole discretion. On successful completion of the probationary period to the satisfaction of the company, the Employee's employment will be confirmed by the company in writing. No ink signed copy occur between both parties. – Since the entire customer service team was rebadged from milk infotech to Apollo tyres in the month of Nov 2022, instead of giving individual confirmation letters to each of the customer service employee there was one e-mail which was sent to all the customer service employees that effective their date of joining in Apollo tyres COE their employment status is confirmed.
Regarding your specific query on the clause of the appointment letter, it is clearly mentioned in the appointment letter that the employee’s employment will be confirmed by the company in writing (which was done through the e-mail) and there is nowhere mentioned in the appointment letter that an ink signed copy is required between both the parties regarding the confirmation of employment.
3. Number of working days disclosed in email at Para 1(f) ibid is 17 Days, seeking clarification on the same. As per the attendance policy of ATCOE dated 01 Feb 23, attendance cycle should start from 25th of effective month to 20th of upcoming month. -
could not understand this point
4. Email at Para 1(f) ibid, F&F settlement contain recovery of Notice Period after seeking wavier on email at Para 1(d) ibid. Confirmation of last working day received vide email at Para 1(e) ibid i.e. 22nd Sep 23. Seeking clarification on Para 2 and 4. -
could not understand this point.
5. Email at Para 1(f) ibid, F&F Salary Adv Recovery & Retention Bonus Recovery - Both has not been component of salary slip from Nov 22 to Aug 23, seeking clarification on the same. -
could not understand this point.
6. In view of the above, requested you to provide clarification on the above said particulars.
Thanks & Regards
Gaurav
From India, Mumbai
I have a different taken on the matter.
Of course, the dates in your post are definitely wrong, or you would be leaving before joining...
1. The company has given you confirmation of your employment by mail, so there is no doubt you are no longer on probation. It is not necessary for them to send a letter. An email is equal to written communication. There is no need to have your acceptance. The email is legally effective. If you didnt want to be a permanent employee / confirmed, then you should have left at that point.
You may not be able to reply to that mail, but you could always send an email to HR telling them you are not accepting the employment. But you didnt do so.
2. Your employment terms has certain items they have specified. They will be followed. If they have paid you a retention bonus with an understanding that you are required to stay for a certain period of time, then you are required to pay it back if you are not staying.
3. If you have not given full notice period, they are definitely in their right to ask for recovery of the cost of notice period.
Your attached reply from HR is something most people will not be able to understand as we do not have the context of the mail. besides, you are using a lot of abrogations that we have no idea what they mean
From India, Mumbai
Of course, the dates in your post are definitely wrong, or you would be leaving before joining...
1. The company has given you confirmation of your employment by mail, so there is no doubt you are no longer on probation. It is not necessary for them to send a letter. An email is equal to written communication. There is no need to have your acceptance. The email is legally effective. If you didnt want to be a permanent employee / confirmed, then you should have left at that point.
You may not be able to reply to that mail, but you could always send an email to HR telling them you are not accepting the employment. But you didnt do so.
2. Your employment terms has certain items they have specified. They will be followed. If they have paid you a retention bonus with an understanding that you are required to stay for a certain period of time, then you are required to pay it back if you are not staying.
3. If you have not given full notice period, they are definitely in their right to ask for recovery of the cost of notice period.
Your attached reply from HR is something most people will not be able to understand as we do not have the context of the mail. besides, you are using a lot of abrogations that we have no idea what they mean
From India, Mumbai
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Confirmation Format (Probation).xls
PROBATION CONFIRMATION FORMATE.doc