Hi this is SJJ,
i have querry about notice period before resignation. One employee was on stipend and was working in probation period. He has left the job before compltion of probation. No prior intimation given about resignation.
And he was nt confirmed also.
so can we deduct his 1 month salary from his dues?
or is there any other way to settle his account?
PLS REPLY SOON.
Thanks & regards,
sjj.
From India, Pune
i have querry about notice period before resignation. One employee was on stipend and was working in probation period. He has left the job before compltion of probation. No prior intimation given about resignation.
And he was nt confirmed also.
so can we deduct his 1 month salary from his dues?
or is there any other way to settle his account?
PLS REPLY SOON.
Thanks & regards,
sjj.
From India, Pune
Dear friend
This is being decided based on internal policies. Normally we insist on 15 days notice period.
Please find out the reason why that person is leaving during probation period. Its very difficult to leave the people after getting them trained.
Regards
Balaji
From India, Hyderabad
1This is being decided based on internal policies. Normally we insist on 15 days notice period.
Please find out the reason why that person is leaving during probation period. Its very difficult to leave the people after getting them trained.
Regards
Balaji
From India, Hyderabad
In fact, Notice Period is a dual side weapon. Notice required to resign and at the same time notice required to be served to the employee to terminate his service. Both notice should have equal period. Therefore, if the appointment order or the Standing Order of the company is silent in this respect, forget about it especially this being a case of probationer. This is because, a probationer is NOT SUPPOSED to hold any responsiblities since he is under probation- he is just studying. And in effect a notice period from employee side is regarded as period required for the employer to find out a person and make him fit to take the responsibilities the resigning employee has been entrusted with. An employee is placed under probation for a period because he is expected to study the formalities and during this period he is not given any particular responsibility. Though this is what it is meant, many organisations find "probation" as a weapon to withhold benefits like PF, Bonus etc. If a probationer is asked to give notice or if you deduct one month salary for not giving notice, he can ask for such benefits which are not paid to him during probation. Labour laws always protect him.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear SSJ
You can not withhold his salary/ dues. By your admission , the employee was still under probation and was not confirmed. Do you have notice period clause even in probation period?
The universal HR practice is that during probation period the organisation can do away with the services of the employee without any advance notice or payment in lieu of . The same applies from employee's side also. An employee under probation can leave without any advance notice.
Mohan.
From India
You can not withhold his salary/ dues. By your admission , the employee was still under probation and was not confirmed. Do you have notice period clause even in probation period?
The universal HR practice is that during probation period the organisation can do away with the services of the employee without any advance notice or payment in lieu of . The same applies from employee's side also. An employee under probation can leave without any advance notice.
Mohan.
From India
Hi !
I guess in this case, you would need to refer to offer letter details.
Generally, there is one clause added to this respect saying if you like to go even before your probation confirmation, then you must give atleast a month's notice to the employer. If that is so, one can go ahead and do the needful.
Thx.
From India, Delhi
I guess in this case, you would need to refer to offer letter details.
Generally, there is one clause added to this respect saying if you like to go even before your probation confirmation, then you must give atleast a month's notice to the employer. If that is so, one can go ahead and do the needful.
Thx.
From India, Delhi
Dear
Mainly its depends on Service Rules but as far as I know there is no need to give notice period for the person who is on probation. He can leave the job without information. This applies on both sides i.e. from employer and employee. An employer can also terminate his service of a probationer without giving any notice.
Regards
Mukesh
From India, Mumbai
Mainly its depends on Service Rules but as far as I know there is no need to give notice period for the person who is on probation. He can leave the job without information. This applies on both sides i.e. from employer and employee. An employer can also terminate his service of a probationer without giving any notice.
Regards
Mukesh
From India, Mumbai
Hi,
Pl. note to deduct against the notice period you have to strictly adhre the clauses which mentioned in the appointment letter.
If Appointment letter says that X days notice period require to given then only you can do deduction against the short fall of notice.
Regards,
Makarand Kotalwar
Pl. note to deduct against the notice period you have to strictly adhre the clauses which mentioned in the appointment letter.
If Appointment letter says that X days notice period require to given then only you can do deduction against the short fall of notice.
Regards,
Makarand Kotalwar
Dear,
It also depends on the level of the person, sometimes for the senior level even in the probation period there is a one month notice.
Check your internal policy on probation period or refer appointment letter.
Regards,
Shobha
From India, Delhi
It also depends on the level of the person, sometimes for the senior level even in the probation period there is a one month notice.
Check your internal policy on probation period or refer appointment letter.
Regards,
Shobha
From India, Delhi
Hi Your dedcution should be based on company policies and there should be a separate clause in your appointment letter stating the time for notice period and deduction. Thanks Manikandan
From India, Ranchi
From India, Ranchi
Query
A staff submits her resignation and gives a one month notice period.The company accepts the resgination.And hires a new staff.
The company says that the resigned staff could leave services as the position was filled.
Is it necessary that the company needs the resigned staff to staff till the date of the notice period?
From India, New Delhi
A staff submits her resignation and gives a one month notice period.The company accepts the resgination.And hires a new staff.
The company says that the resigned staff could leave services as the position was filled.
Is it necessary that the company needs the resigned staff to staff till the date of the notice period?
From India, New Delhi
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