Hello Everyone:
My husband joined an IT Company on August 8, 2013. The notice period during probation is one month, and after confirmation, it is three months. His probation is for one year. He recently received a "Letter of Confirmation" from the HR department which states, "You are confirmed with effect from August 8, 2014."
Now, my query is: if he resigns before August 8, 2014, what will be the duration of the notice he will have to serve? Also, if the HR department insists on him serving a three-month notice period despite the letter of confirmation stating that the confirmation is effective from August 8, 2014.
From India, Delhi
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My husband joined an IT Company on August 8, 2013. The notice period during probation is one month, and after confirmation, it is three months. His probation is for one year. He recently received a "Letter of Confirmation" from the HR department which states, "You are confirmed with effect from August 8, 2014."
Now, my query is: if he resigns before August 8, 2014, what will be the duration of the notice he will have to serve? Also, if the HR department insists on him serving a three-month notice period despite the letter of confirmation stating that the confirmation is effective from August 8, 2014.
From India, Delhi
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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
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429From India, Mumbai
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Mr.Ravi is right. 3 months notice will be applicable only after confirmation and not before that. Col.Suresh Rathi
From India, Delhi
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From India, Delhi
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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 the extant position. But, But, But... supposing he resigns today (25.7.2014) thus the notice period of one month commences/counted from 25.7.14 and goes on for one month i.e. up to 24.8.2014, the catch here is by then he gets confirmed on 8.8.2014! Therefore, by the end of the notice period i.e. on 24.8.14 he would have become a 'confirmed employee' what are you going to do? (This is only for argument's 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. Maybe a payout solution may come out handy instead of serving the notice period.
From India, Bangalore
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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 the extant position. But, But, But... supposing he resigns today (25.7.2014) thus the notice period of one month commences/counted from 25.7.14 and goes on for one month i.e. up to 24.8.2014, the catch here is by then he gets confirmed on 8.8.2014! Therefore, by the end of the notice period i.e. on 24.8.14 he would have become a 'confirmed employee' what are you going to do? (This is only for argument's 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. Maybe a payout solution may come out handy instead of serving the notice period.
From India, Bangalore
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Dear Sir,
The employee is still under probation, and the confirmation does not happen on its own. There may be other clauses 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 clauses applicable under probation shall be applicable.
Vinod Kumar K.
From India, Mumbai
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The employee is still under probation, and the confirmation does not happen on its own. There may be other clauses 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 clauses applicable under probation shall be applicable.
Vinod Kumar K.
From India, Mumbai
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Technically speaking, if an employee resigns during the probation period, the clauses of probation shall be applicable. So, don't get confused. You just have to refer to your husband's appointment letter once again to see if there is any other sub-clause under the probation clause that may require him to serve a notice period of 3 months. I believe it won't be there.
From India, Kollam
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From India, Kollam
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