Hi
Let me right the case now in sort.
Employee was in probation period(Served 3 months). After putting resignation its mutually decided the relieving date. After data handover as instructed by comp employee applied for leave but the same got declnied by his superior & in result the employee was treated as absent/Unauthorized leave for 4.5 days(One sunday included). HR dept had issued a letter to him, to which the employee replied by requesting leave in LOP. When dint get any response, the employee reported back & as per instruction given by comp handed over the asset & took acknowledgement. As the employee's reporting boss sits at corporate, he asked to courier the exit interview form duly filled. After leaving office HR dept had floated a mail with a letter asking reason & explanation for unauthorized absence to which employee had replied. Subsequent to which official mail id blocked.
Querry:1. Can an employer terminate an employee on his last working day? Suppose relieving date/last working day is 6th June, Is it possible to issue a termination letter on 7th Jnue stating the effective date for termination of contract as 6th June???
2. If termination letter issued to employee, what legal action can be taken by the employee?
3.If termination letter issued then what is the maximum period for an employer to release employee's F & F?
Request you to go thru the case & Pls guide for which I wil b highly obliged.
Regards
Abhimanyu
From India, Hyderabad
Let me right the case now in sort.
Employee was in probation period(Served 3 months). After putting resignation its mutually decided the relieving date. After data handover as instructed by comp employee applied for leave but the same got declnied by his superior & in result the employee was treated as absent/Unauthorized leave for 4.5 days(One sunday included). HR dept had issued a letter to him, to which the employee replied by requesting leave in LOP. When dint get any response, the employee reported back & as per instruction given by comp handed over the asset & took acknowledgement. As the employee's reporting boss sits at corporate, he asked to courier the exit interview form duly filled. After leaving office HR dept had floated a mail with a letter asking reason & explanation for unauthorized absence to which employee had replied. Subsequent to which official mail id blocked.
Querry:1. Can an employer terminate an employee on his last working day? Suppose relieving date/last working day is 6th June, Is it possible to issue a termination letter on 7th Jnue stating the effective date for termination of contract as 6th June???
2. If termination letter issued to employee, what legal action can be taken by the employee?
3.If termination letter issued then what is the maximum period for an employer to release employee's F & F?
Request you to go thru the case & Pls guide for which I wil b highly obliged.
Regards
Abhimanyu
From India, Hyderabad
After relieving termination is not possible but before any day termination of service of a probationer is valid because a probationer can be terminated without assigning any reason. The employee has no other option but to accept the termination and leave. He cannot legally fight against the action of termination as he was under probation. In any case, his full and final settlement shall be made within 24 hours of his relieving.
Regards,
Madhu.T.K
From India, Kannur
4249Regards,
Madhu.T.K
From India, Kannur
Hi,
During probation or notice period, normally leaves are not granted but only in emergency.
What was your reply to HR regarding your unauthorized leave. Any way, you are supposed to get your F&F.
I suggest you to move on, hide this small period from showing in your CV, world is big to prove things.
Regards,
Javaid
From India, Mumbai
During probation or notice period, normally leaves are not granted but only in emergency.
What was your reply to HR regarding your unauthorized leave. Any way, you are supposed to get your F&F.
I suggest you to move on, hide this small period from showing in your CV, world is big to prove things.
Regards,
Javaid
From India, Mumbai
Can an employer release Termination letter after relieving date??
Agreed with your statement, But in probation period who worked for 3 months is it require to serve notice period for an employee??
Is 4.5 days unauthorized absence is ground to terminate an employee?
After issuing termination letter its already 8 days gone but no reply from HR dept regarding F & F statement & releasing date.
Regards
Sunit
From India, Hyderabad
Agreed with your statement, But in probation period who worked for 3 months is it require to serve notice period for an employee??
Is 4.5 days unauthorized absence is ground to terminate an employee?
After issuing termination letter its already 8 days gone but no reply from HR dept regarding F & F statement & releasing date.
Regards
Sunit
From India, Hyderabad
Dear Madhu sir,
Please suggest, After the completion of probation period of an employee, who will comes under regular employment, can organization terminate his employment in the notice period (suppose 1 month from the date of resignation) given by an employee?
From India, Hyderabad
Please suggest, After the completion of probation period of an employee, who will comes under regular employment, can organization terminate his employment in the notice period (suppose 1 month from the date of resignation) given by an employee?
From India, Hyderabad
During the notice period, if the employer finds that the employee need not stay or if the employer feels that an employee who has decided to leave will be just spending his time in the company and will not take up responsibility or rather will spread negative energy only, he can be asked to leave before the effective date of relieving. But in such cases, the employer will have to pay the salary up to the date of his relieving. This is just the reverse of the nature that an employee is paying notice pay for his early relieving by the company.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Mr Abhimanyu,
Kindly orient yourself for proper expression in social site like this. Please avoid unnecessary abbreviations when you desire to explain clearly.
In probation period the employer and/or the employee can take separation without any condition. Letter dates etc is just technical query It can be easily tackled. Coporate world is small in true sense. Therefore prudence advises to leave the organisation with grace and without adverse remark.
best of luck.
V. Rangarajan.
From India, Pune
Kindly orient yourself for proper expression in social site like this. Please avoid unnecessary abbreviations when you desire to explain clearly.
In probation period the employer and/or the employee can take separation without any condition. Letter dates etc is just technical query It can be easily tackled. Coporate world is small in true sense. Therefore prudence advises to leave the organisation with grace and without adverse remark.
best of luck.
V. Rangarajan.
From India, Pune
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