One of our employee is completed 6 months but the management not given him appointment letter so far, due to poor performance in sales. Now he has taken 3 days leave. Did he entitled for the leave policy or it is loss of pay. Pls update.
From India, Bangalore
From India, Bangalore
427
If the employee has completed 6 months of his/her tenure with the company and the appointment letter is not issued is a fault of the management and not asking the appointment letter is also the fault of the employee. With regards to the Leave of 3 days please refer your Leave Policy. Normally CL/SL is entitled for probationers too. The employee's eligibility towards EL/PL is 240 days of his tenure with the company. Last but not the least if the employee is not performing please counsel and give them a chance to prove, you can even extend the probation period for further 6 months stating that if the employee does not perform well then he/she will be terminated.
From India, Ahmadabad
From India, Ahmadabad
Hi
It's interesting to note that you are expecting good performance from the employee without even providing him the basics of the appointment letter. Do you seriously think that he is doing his work properly without being worried about the status of his employment? And now you are concerned about him taking 3 days leave?
Even if we don't look at that, please consider this scenario - You have no LEGAL hold on him, so what if he commits a fraud with a client in the name of the company? How will you initiate legal proceedings against him without the appointment letter? What assurance can you provide the client that action will be taken on him in the absence of such legal hold? These things are too dangerous for the organization to ignore.
I would suggest that you issue the appointment letter to him immediately. Then you can enforce any company policy on him.
Regards,
From India, Mumbai
It's interesting to note that you are expecting good performance from the employee without even providing him the basics of the appointment letter. Do you seriously think that he is doing his work properly without being worried about the status of his employment? And now you are concerned about him taking 3 days leave?
Even if we don't look at that, please consider this scenario - You have no LEGAL hold on him, so what if he commits a fraud with a client in the name of the company? How will you initiate legal proceedings against him without the appointment letter? What assurance can you provide the client that action will be taken on him in the absence of such legal hold? These things are too dangerous for the organization to ignore.
I would suggest that you issue the appointment letter to him immediately. Then you can enforce any company policy on him.
Regards,
From India, Mumbai
To my knowledge except under Delhi shops & comm: establishment Act ,appointment order is not mandatory.My advice is that all employers should give it and every selected candidate should demand it.
Varghese Mathew
04712542059
From India, Thiruvananthapuram
Varghese Mathew
04712542059
From India, Thiruvananthapuram
Dear Murthy,
As per your details it is clear that you are from Bangalore which is in Karnataka State and the Shops and Establishment Act of Karnataka State is totally applicable to you. I have attached herewith the screen shot of section 6A of Karnataka Shops and Establishment Act, which makes it mandatory to provide a written appointment letter to an employee within 30 days. So this is the first thing you are doing illegal.
Another thing is Leave: Under Section 15 (1) of the same act every employee is entitled for leave of 1 day after every 20 days. This is over and above the weekly off and for the purpose of counting 20 days Weekly offs and public holidays shall be counted. So as per the act giving atleast 1.5 leave per month is mandatory, which illegally you are not giving to your employee.
Under Section 15 (2) Employee is entitled for 12 sick leaves, which again illegally you are not giving to your employee.
More over he is entitled to accumulate the leaves. My opinion to you would be to get into damage control by issuing him an appointment letter back dated and give him benefit of leaves as per Law above..... However what will you do for PF and ESI even I cannot say. Although I don't know whether you are covered under act or not. If covered it would be a problem for you if that employee approaches the authorities.
You are an HR person and it is your duty that you should not encourage these type of activities in your organization. Please apprize the management about the gravity of the situation and hope for the best.
Feel free to revert in case further clarification is required.
From India, New Delhi
As per your details it is clear that you are from Bangalore which is in Karnataka State and the Shops and Establishment Act of Karnataka State is totally applicable to you. I have attached herewith the screen shot of section 6A of Karnataka Shops and Establishment Act, which makes it mandatory to provide a written appointment letter to an employee within 30 days. So this is the first thing you are doing illegal.
Another thing is Leave: Under Section 15 (1) of the same act every employee is entitled for leave of 1 day after every 20 days. This is over and above the weekly off and for the purpose of counting 20 days Weekly offs and public holidays shall be counted. So as per the act giving atleast 1.5 leave per month is mandatory, which illegally you are not giving to your employee.
Under Section 15 (2) Employee is entitled for 12 sick leaves, which again illegally you are not giving to your employee.
More over he is entitled to accumulate the leaves. My opinion to you would be to get into damage control by issuing him an appointment letter back dated and give him benefit of leaves as per Law above..... However what will you do for PF and ESI even I cannot say. Although I don't know whether you are covered under act or not. If covered it would be a problem for you if that employee approaches the authorities.
You are an HR person and it is your duty that you should not encourage these type of activities in your organization. Please apprize the management about the gravity of the situation and hope for the best.
Feel free to revert in case further clarification is required.
From India, New Delhi
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