We are making standard offer letters to all employees which contains 6 months as probation. Employees can leave the job or company can terminate with 7 days notice during probation. We have not specified whether we will issue confirmation letters separately.
Normal notice period is 3 months either side. One employee who has completed probation but no confirmation letter was issues has resigned after one year of joining. We have also increased his salary after probation period. Whether employee has to give 3 months notice or 7 days is enough.
Normally, it is understood that if probation is not extended, the job is treated as confirmed.
Please clarify
From India, Bangalore
Normal notice period is 3 months either side. One employee who has completed probation but no confirmation letter was issues has resigned after one year of joining. We have also increased his salary after probation period. Whether employee has to give 3 months notice or 7 days is enough.
Normally, it is understood that if probation is not extended, the job is treated as confirmed.
Please clarify
From India, Bangalore
Hi
Have you give only Offer letter or issued atleast Appointment letter? If it is offer letter it is not at all considered. There won't be any policies in offer letters. If you have given Appointment letter while joining & if you would have mentioned the procedures for Confirmation the realiving procedures then fine. It is not employee mistake. You have not issued Appointment confirmation letter. How does the employee will understand whether probation is extended or not if no any official communication? Hike In salary is not proof for confirmation.
From India, Bangalore
639Have you give only Offer letter or issued atleast Appointment letter? If it is offer letter it is not at all considered. There won't be any policies in offer letters. If you have given Appointment letter while joining & if you would have mentioned the procedures for Confirmation the realiving procedures then fine. It is not employee mistake. You have not issued Appointment confirmation letter. How does the employee will understand whether probation is extended or not if no any official communication? Hike In salary is not proof for confirmation.
From India, Bangalore
Dear Mr. Babushankar,
After completion of each probation period, every employee has to get a Confirmation Letter.
If the Probation period is extended, the same is being communicated to the employee by issuing him / her a letter of extension of probation period.
Also if an employee is confirmed after the successful completion of probation period, then the HR has to issue a letter stating the successful completion of the probation period.
If an employee has served our company for a period of 1 year and has served just 1 month of notice period instead of serving 3 months, then there are 2 possibilities:
1. If the employee has been given a Confirmation Letter, then the notice period should be 3 months (as stated by you). Then the employee is absconding and the Company should take a immediate action against that employee.
2. If the employee has not been given any Confirmation letter, then the employee has not been communicated about the completion of his probation period and assuming that his probation period has been extended he has resigned and left the organization serving 1 month notice period which is correct on his path.
So in order to avoid such complications in the system and non adherence to the policies, I suggest you to start issuing the Confirmation Letter to the employees who have already completed their Probation period so that the notice period and the FFS (Full and Final Settlement) is transparent for the further process..
From India, Mumbai
After completion of each probation period, every employee has to get a Confirmation Letter.
If the Probation period is extended, the same is being communicated to the employee by issuing him / her a letter of extension of probation period.
Also if an employee is confirmed after the successful completion of probation period, then the HR has to issue a letter stating the successful completion of the probation period.
If an employee has served our company for a period of 1 year and has served just 1 month of notice period instead of serving 3 months, then there are 2 possibilities:
1. If the employee has been given a Confirmation Letter, then the notice period should be 3 months (as stated by you). Then the employee is absconding and the Company should take a immediate action against that employee.
2. If the employee has not been given any Confirmation letter, then the employee has not been communicated about the completion of his probation period and assuming that his probation period has been extended he has resigned and left the organization serving 1 month notice period which is correct on his path.
So in order to avoid such complications in the system and non adherence to the policies, I suggest you to start issuing the Confirmation Letter to the employees who have already completed their Probation period so that the notice period and the FFS (Full and Final Settlement) is transparent for the further process..
From India, Mumbai
His terms of appointment are governed by a document which you have given and he has accepted whether it is an offer letter or letter of appointmnet. The issue is whether he is deemed to have been confirmed after completing the 6 months of probation. It is not clear whether the offer letter also says that the notice period will be three months after competition of 6 months of probation. If the offer letter does not say so and since you have not served any confirmation letter on him after 6 month probation, he is deemed to be unde rproabtion only and thus cannot be compelled to serve 3 month notice.
B.saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
B.saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
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