Greetings, A medical fellow, who was under a fellowship program in the surgical oncology dept of our hospital, was on leave and during leave days he resigned without a notice period of one month. He was supposed to complete two years fellowship program but he resigned before the year and deprived other prospective applicants to get the position for fellowship which is very competitive in the medical profession.
Before his joining, we issued him an offer letter. He joined us and started his fellowship in the surgical unit despite several intimations he did not come up to collect his appointment letter wherein it is clearly mentioned the notice period. Now when we spoke to him and asked about serving the notice period then he refused to serve the notice period and said that he did not collect any appointment letter from us and that he would take legal action if any deduction is done or his salary is forfeited. Though it was the responsibility of the employee to come and collect the letter of appointment. Is it necessary to collect a letter to serve the notice period? I mean this is quite common to serve the notice before leaving the org. Seniors are kindly requested to advise us in this regard. Thanks & Regards.
From Pakistan
2Before his joining, we issued him an offer letter. He joined us and started his fellowship in the surgical unit despite several intimations he did not come up to collect his appointment letter wherein it is clearly mentioned the notice period. Now when we spoke to him and asked about serving the notice period then he refused to serve the notice period and said that he did not collect any appointment letter from us and that he would take legal action if any deduction is done or his salary is forfeited. Though it was the responsibility of the employee to come and collect the letter of appointment. Is it necessary to collect a letter to serve the notice period? I mean this is quite common to serve the notice before leaving the org. Seniors are kindly requested to advise us in this regard. Thanks & Regards.
From Pakistan
Hi,
This is bit ambiguous.
You claim that before his joining offer letter was issued and he joined and started his fellowship in the surgical unit but didn't collected the Appointment Order in spite of many reminders. So what was the content of the Offer letter. Whether any mention about the separation clause in the offer letter ?
As per process on the day of joining Appointment Order should have been issued to him and without signing the Appointment he should not have been allowed to join itself. In any contract the terms and conditions should have been mutually agreed and signed by both parties. In the absence of acceptance of Appointment terms insisting for one month notice will not hold legally. However as a matter of ethics he should serve one month notice.
From India, Madras
This is bit ambiguous.
You claim that before his joining offer letter was issued and he joined and started his fellowship in the surgical unit but didn't collected the Appointment Order in spite of many reminders. So what was the content of the Offer letter. Whether any mention about the separation clause in the offer letter ?
As per process on the day of joining Appointment Order should have been issued to him and without signing the Appointment he should not have been allowed to join itself. In any contract the terms and conditions should have been mutually agreed and signed by both parties. In the absence of acceptance of Appointment terms insisting for one month notice will not hold legally. However as a matter of ethics he should serve one month notice.
From India, Madras
Hello sir, Employee not taking appointment letter does not mean that he is not working in your company. If you have a record of punching you can tell him. And if you have done a bond at the time of joining then you can take legal action in respect of that bond also.. but at the first you have to listen the reason of leaving the organisation. if it is valid then you can release him under mutual understanding.
From India, Ahmedabad
From India, Ahmedabad
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Withdrawl of Resignation and Notice period.doc
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