Dear Friends,
Am in an organisation which is following a particular trend of having the confiramtion date altered in such a manner where the letter is issued either on the begining of a month or at the end of the month.
I have plans to change the same. I am planing to ask my department to issue letters on the resp. day itself.
Am i doing the right thing? Will it effect any other details like leave, lta, gratuity etc.
Pls. do advice.
Regards
Annie
From India, Calcutta
Am in an organisation which is following a particular trend of having the confiramtion date altered in such a manner where the letter is issued either on the begining of a month or at the end of the month.
I have plans to change the same. I am planing to ask my department to issue letters on the resp. day itself.
Am i doing the right thing? Will it effect any other details like leave, lta, gratuity etc.
Pls. do advice.
Regards
Annie
From India, Calcutta
confirmation date of an employee is governed by the terms and conditions of employment laid down in the letter of appointment. the same is agreed and accepted by the employee. it is also binding upon the employer to adhere to the date of confirmation as provided in the letter of employment/appointment. hence it is mandatory to confirm the employee from the said date; provided the criteria laid down for confirmation are fulfilled by the employee to the employers' satisfaction.
one of the situations where the confirmation date can be changed is when the probation is extended either for reasons of performance or if the employee does not put the required months of probation on account of ill health/accident etc. there too, a letter stating that the probation is extended till such and such date is mandated.
as for issuance of letters, the same can be done at the end of the month in which the probation is being closed, as long as the date of confirmation is maintained.
regards,
mxsingh
one of the situations where the confirmation date can be changed is when the probation is extended either for reasons of performance or if the employee does not put the required months of probation on account of ill health/accident etc. there too, a letter stating that the probation is extended till such and such date is mandated.
as for issuance of letters, the same can be done at the end of the month in which the probation is being closed, as long as the date of confirmation is maintained.
regards,
mxsingh
Dear Singh/Annie. :!: :!: :!: I join Singh in his analysis of the situation. The issue is not the date of issue of the confirmation letter but the effective date of confirmation, it has to strictly conform to the offer of appointment issued by you and accepted by the employee. :o Although a couple of weeks extending the probation does not make much of material difference it has legal implications. The argument that the organisation has been shifting thee confirmation date to the month end may not be appealing to the judiciary. :x If as a organisational practice you want to regulate the date, mention so clearly in your offer of appointment. Unless there are cogent reasons about performance or conduct, the legal position is clear that the probation cannot be extended. I hope my views are useful. :roll:
From India, Bhopal
199From India, Bhopal
"annie"
What you done its in order
Any employee recruited to various posts will be on probation for fixed period. Confirmation of an employee is subject to his/her satisfactory service reports. End of probation period and next day she/he should be confirmed.
.
Regards
Manohar
From India, Bangalore
What you done its in order
Any employee recruited to various posts will be on probation for fixed period. Confirmation of an employee is subject to his/her satisfactory service reports. End of probation period and next day she/he should be confirmed.
.
Regards
Manohar
From India, Bangalore
Hi there
Am back with another problem.
Have an employee who cut his hand during duty hours. We have paid for all the necessary medicines, stitch charges etc but now he demands that the 6 days that he was on leave to be considered as special leave. He does not want us to deduct the same form his Sick Leave.
Is this feasible? Can i actually a sp. leave which is not there in the company policy?
Regards
Annie
From India, Calcutta
Am back with another problem.
Have an employee who cut his hand during duty hours. We have paid for all the necessary medicines, stitch charges etc but now he demands that the 6 days that he was on leave to be considered as special leave. He does not want us to deduct the same form his Sick Leave.
Is this feasible? Can i actually a sp. leave which is not there in the company policy?
Regards
Annie
From India, Calcutta
Ms. Anne As regards your query regarding the effect of confirmation date on LTA, leave encashment and gratuity , my views are as follows:
LTA Normally LTA is allowed to only a confirmed employee. So to that extent the first availment of LTA would be deferred.
Leave encashment. As per Factory Act an employee on completion of one year service is entitled to annual leave with wages @ one day for every completed 20 days of service. So the confirmation date should not have any problem in this.
Gratuity. Gratuity is payable for every year of completed service starting from the date of initial appointment. So the period of probation is included for calculating gratuity.
But the real effect would be on seniority/promotion purposes. When you are clubbing the employees to a particular date and if your seniority rules are based on confirmation date then this process could create problem. I am unable to ferret out any other relevant factor.
Sorry :x While replying earlier, I did n't mention name before submitting. Have a happy HOLI :oops: . Regards KK Nair
From India, Bhopal
LTA Normally LTA is allowed to only a confirmed employee. So to that extent the first availment of LTA would be deferred.
Leave encashment. As per Factory Act an employee on completion of one year service is entitled to annual leave with wages @ one day for every completed 20 days of service. So the confirmation date should not have any problem in this.
Gratuity. Gratuity is payable for every year of completed service starting from the date of initial appointment. So the period of probation is included for calculating gratuity.
But the real effect would be on seniority/promotion purposes. When you are clubbing the employees to a particular date and if your seniority rules are based on confirmation date then this process could create problem. I am unable to ferret out any other relevant factor.
Sorry :x While replying earlier, I did n't mention name before submitting. Have a happy HOLI :oops: . Regards KK Nair
From India, Bhopal
Dear Annie :icon13: Unless the employee had injured himself during working and it arose out of the work given to him , you need not give him leave. If he is a workman covered as per Workmen Compensation Act , then for six days absence he is to be paid half monthly compensation ie half the pay.In other cases you are within your rights to treat him as absent if he doesn't apply for leave. I am afraid :evil: if you succumb to the pressure there will many more such incidents and your worries will be on the rise. Regards Nair KK :wacko:
From India, Bhopal
From India, Bhopal
Dear KKNair
It seems that in the past such a practice was developed in this organisation so the employee took advantage of the same.
I am new to the organisation and am still in two minds whether i should ignore the same or grant him the "sp. leave".
Regards
Happy holi to u too
Annie
From India, Calcutta
It seems that in the past such a practice was developed in this organisation so the employee took advantage of the same.
I am new to the organisation and am still in two minds whether i should ignore the same or grant him the "sp. leave".
Regards
Happy holi to u too
Annie
From India, Calcutta
Dear Annie :arrow: Here is the test for you. If you want to stop this practise this is the time, otherwise you will also have to follow the time honoured tradition. But before jumping to say 'NO', is your organisation prepared to deal with the situation. :?: Take decision after evaluating the pros & cons :idea: Thankx KK Nair :P
From India, Bhopal
From India, Bhopal
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Confirmation Letter.doc