I have been working as a Manager in a partnership firm since April 2014. I have an appointment letter, but no confirmation letter has been issued. This April, my leave calculation has been done on the basis of confirmed employees.
I have now received an email asking me to leave the company today, i.e., 30th September, and hand over charge to a colleague. I would like to leave immediately but also get one month's salary in lieu of notice. Is my argument for this legally tenable? HR experts, kindly advise.
From India, Gurgaon
Acknowledge(0)
Amend(0)
I have now received an email asking me to leave the company today, i.e., 30th September, and hand over charge to a colleague. I would like to leave immediately but also get one month's salary in lieu of notice. Is my argument for this legally tenable? HR experts, kindly advise.
From India, Gurgaon
Acknowledge(0)Amend(0)
Dear Vimal,
What does your Appointment Letter state about the confirmation clause? Does it state that you would be deemed confirmed after a particular period, or does it say that you would not be considered confirmed unless it is shared with you in writing? Also, what is the clause in the appointment regarding the notice period from both sides?
Regards,
Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
274What does your Appointment Letter state about the confirmation clause? Does it state that you would be deemed confirmed after a particular period, or does it say that you would not be considered confirmed unless it is shared with you in writing? Also, what is the clause in the appointment regarding the notice period from both sides?
Regards,
Ashutosh Thakre
From India, Mumbai
Acknowledge(0)Amend(0)
Yes as mentioned above, it is purely based on the clauses given in the appointment order.
From India, Chennai
Acknowledge(0)Amend(0)
From India, Chennai
Acknowledge(0)Amend(0)
There is no deemed confirmation under normal circumstances. Therefore, unless specifically written, confirmation will happen only when communicated in writing. An employee under probation may be terminated without notice and without assigning any reason. Moreover, the matter pertains to a Manager who will not get any protection from the law. But before sending an employee out, the employer should have followed at least the basics of the principles of natural justice. In this case, you should have been given a notice before asking you to leave on a fine morning.
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)
Madhu.T.K
From India, Kannur
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Notice period.jpg
Notice Period Extension Letter Format.doc