A candidate received an offer letter, which mentioned his/her monthly gross salary, designation, and also stated that he/she would be under a probationary period for up to 6 months. After completing the 6 months, he/she did not receive any confirmation letter or appointment letter from the company. Currently, more than 1.5 years have passed.
Is he/she now a confirmed employee?
Is he/she eligible for bonus and gratuity?
Is he/she required to serve a 1-month notice period?
Does the employer have the right to withhold his/her relieving? (In the case where the employee has no liability with the employer)
From India, Kochi
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Is he/she now a confirmed employee?
Is he/she eligible for bonus and gratuity?
Is he/she required to serve a 1-month notice period?
Does the employer have the right to withhold his/her relieving? (In the case where the employee has no liability with the employer)
From India, Kochi
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Dear Anamika from Kochi,Please upload contents of Offer Letter to take in to consideration Factual Information, to reply to your questions. 1.5 Years Service, is not eligible for Gratuity
From India, New Delhi
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691From India, New Delhi
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Hi, 1. Refer offer letter otherwise the company policy 2. No 3. Refer offer letter otherwise the company policy 4. Refer offer letter otherwise the company policy
From India, Chennai
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From India, Chennai
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It appears these days the 'paperless working culture' is spreading to newer areas. No appointment letter, no confirmation, no pay slip, etc., is rather becoming the norm, as is seen from queries frequenting this forum.
As regards your query, the position is clarified as follows: Since the appointment order stated that probation is only for six months and in the absence of any adverse order extending the probation, it is to be presumed that the employee is confirmed. Accordingly, the notice period applicable to the confirmed employee would be applicable.
Yes, the employee is eligible for a bonus for two accounting years covering the entire period of service. Once the employee is covered under the PB Act, eligibility for bonus payment is there irrespective of being a probationer or confirmed employee. Eligibility for gratuity is only after 5 years of continuous service, and this 1.5 years would count in the eligibility period.
When the employee has no liability to be discharged, it is not proper to withhold relieving the employee. But please see whether the employer could make alternate arrangements in the meanwhile. Probably you may have to put pressure and follow up for being relieved.
From India, Mumbai
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As regards your query, the position is clarified as follows: Since the appointment order stated that probation is only for six months and in the absence of any adverse order extending the probation, it is to be presumed that the employee is confirmed. Accordingly, the notice period applicable to the confirmed employee would be applicable.
Yes, the employee is eligible for a bonus for two accounting years covering the entire period of service. Once the employee is covered under the PB Act, eligibility for bonus payment is there irrespective of being a probationer or confirmed employee. Eligibility for gratuity is only after 5 years of continuous service, and this 1.5 years would count in the eligibility period.
When the employee has no liability to be discharged, it is not proper to withhold relieving the employee. But please see whether the employer could make alternate arrangements in the meanwhile. Probably you may have to put pressure and follow up for being relieved.
From India, Mumbai
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Confirmation Letter.doc