Hello,
I would like to know some HR policies.
1) Are the rules applicable for the employer on probation and has not received any appointment letter?
2)If a person has served for the institute only for 15 days (probation period), after which he//she resigns for personal reasons without serving notice period, is he/she liable to pay the difference amount?
Please do Reply.
Manasi.

From India, Mumbai
Hi Manasi, If you have not given any appointment letter it means their is no official proof of his appointment so he / she is not liable to pay notice pay.

Hiring someone without an appointment letter is something like purchasing an item without a bill. If the item later turns out to be faulty you cannot claim anything from the dealer.
So, in your case the leaving person is not liable to pay anything to the Company because his terms and conditions of employment are not documented.
Prashant

From India, Delhi
dear i too agree with my friend prashant.if term and condition of appointment is not clear than he can leave without notice. regards j s malik
From India, Delhi
Dear All,
Thank you very much for your prompt reply.
Actually a friend of mine is going through this problem and her organization has threatened her to pay the notice amount.
So just wanted to get these doubts cleared.
Once again Thank you.

From India, Mumbai
Since you are working withought any appointment order or documentation given as a part of your permanent or temporary employment, you need not even think about notice period. Regards, Mahadev
From India, New Delhi
Dear Mansi,
I totally agree with Prashant and there is no need to serving notice period if he/she has never been signed any contract at the time of appoinment.
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Best Regards
Sajid Ansari

From India, Delhi
Dear Mansi,
If you have hired a person and not given him appointment letter,which is also considered to be a service agreement, the above clarifications are very much jusifiable,but aparently it comes under "UNFAIR LABOUR PRACTICE", so be cautious in future.
Regards,
Mudit Satyadeep

From India, Delhi
a very good reply by prashant. Mansi - if appointment letter is not there then not to worry about the payment part.

As a contractual obligation, a Letter of Appointmernt must be issued stipulating the probation period which is 3 months in Soputh Africa and an employee cannot be held accountable if he/she resigns without serving notice if there is no formal contract binding between the two parties
From Germany
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