One of our ex-employees was on probation for 6 months. He was later put in PIP for 3 months.
He was to be confirmed starting 01st June 2013. The records show soft copy of the confirmation letter, which is unsigned.
He left the job in Oct 2013. As per appt. letter after probation, employee needs to serve 2 months notice period and 1 month during probation. Since he was not given confirmation letter, he claims that he has to serve only one month notice period.
We deducted salary towards short notice period for 2 months, he wants to claim this amount now.
Is it true that since the PIP was for a particular period, the employee gets confirmed automatically after that ?
Or is it our fault of not issuing the confirmation letter.
Please suggest . Need help.
Thanks,
From India, Bangalore
1He was to be confirmed starting 01st June 2013. The records show soft copy of the confirmation letter, which is unsigned.
He left the job in Oct 2013. As per appt. letter after probation, employee needs to serve 2 months notice period and 1 month during probation. Since he was not given confirmation letter, he claims that he has to serve only one month notice period.
We deducted salary towards short notice period for 2 months, he wants to claim this amount now.
Is it true that since the PIP was for a particular period, the employee gets confirmed automatically after that ?
Or is it our fault of not issuing the confirmation letter.
Please suggest . Need help.
Thanks,
From India, Bangalore
Hi KR-Bangalore,
Please let us know the employee's period of employment in your organization. As per your statement, that particular employee should have been given his confirmation on 1st June, post his 6 months probation. And you have extended his probation for another 3 months. Also you have not issued his confirmation letter at the time of his exit.
Summing up all these, this employee should have been associated with your organization for more than 270 days, approx. According to law, any employee on completion of 240 Days of continuous employment, will enjoy all the privilege earned by a permanent employee. Also they can claim that they are permanent employee of that organization.
However would suggest you to take advice from some legal source/team.
From India, Bangalore
Please let us know the employee's period of employment in your organization. As per your statement, that particular employee should have been given his confirmation on 1st June, post his 6 months probation. And you have extended his probation for another 3 months. Also you have not issued his confirmation letter at the time of his exit.
Summing up all these, this employee should have been associated with your organization for more than 270 days, approx. According to law, any employee on completion of 240 Days of continuous employment, will enjoy all the privilege earned by a permanent employee. Also they can claim that they are permanent employee of that organization.
However would suggest you to take advice from some legal source/team.
From India, Bangalore
Views expressed by Mr Mahesh Nair makes a great sense. It is very much logical from employee’s point that after 240 days of work, he automatically becomes permanent, if no further extension letter is issued to him.
However, from Employer’s point, issuance of Confirmation letter with employee’s acceptance is important. In the present case, since no Confirmation letter is issued, circumstances are in favour of employee, who wants to make exit. Rules of probationer are applicable to him.
Otherwise no company will issue Confirmation letter, and allow employee to work for more than 240 days and then he becomes deemed permanent employee.
These are all my personal thoughts, one can proceed on the advise of legal experts.
From India, Mumbai
However, from Employer’s point, issuance of Confirmation letter with employee’s acceptance is important. In the present case, since no Confirmation letter is issued, circumstances are in favour of employee, who wants to make exit. Rules of probationer are applicable to him.
Otherwise no company will issue Confirmation letter, and allow employee to work for more than 240 days and then he becomes deemed permanent employee.
These are all my personal thoughts, one can proceed on the advise of legal experts.
From India, Mumbai
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