Dear ALL
I working with a BPO and quite upset with the norms and Condition. We have to serve 60 days notice period else we need to pay i.e. Basic+DA of the CTC.
I just want to know if a person who has not been confirmed even after serving for almost 8 months and now he/she is willing to leave the organization. In that case is the person is liable to serve the 60days notice.
Pls help as Employees are coming to me asking the same questions. When I discussed about the same with my seniors they called it as mandatory. I am really in big dilemma.
Regds
Shivani
From India, New Delhi
4I working with a BPO and quite upset with the norms and Condition. We have to serve 60 days notice period else we need to pay i.e. Basic+DA of the CTC.
I just want to know if a person who has not been confirmed even after serving for almost 8 months and now he/she is willing to leave the organization. In that case is the person is liable to serve the 60days notice.
Pls help as Employees are coming to me asking the same questions. When I discussed about the same with my seniors they called it as mandatory. I am really in big dilemma.
Regds
Shivani
From India, New Delhi
Hi Shivani,
It depends over company policy.. that whether the keep same number of days as a notice period for employees during probation period also..
But in most of the organisation, they keep 7 days or 15 days of notice period while in probationary period..
And moreover if one serves the notice period, then at the time of doing F & F settlement, we pay all the CTC components..
Regards,
Amit Seth.
From India, Ahmadabad
It depends over company policy.. that whether the keep same number of days as a notice period for employees during probation period also..
But in most of the organisation, they keep 7 days or 15 days of notice period while in probationary period..
And moreover if one serves the notice period, then at the time of doing F & F settlement, we pay all the CTC components..
Regards,
Amit Seth.
From India, Ahmadabad
Hi Amit
Thanks for the prompt response
I do understand it vary from comp to comp. But in my company there is no such clause given in the appointment letter. After confirmation if he/she is leaving then they are suppose to serve the 60 days notice period. Even if they are sacking some one who is in the probation period then in that case they don’t pay anything.
Thanks
Regds
Shivani
From India, New Delhi
Thanks for the prompt response
I do understand it vary from comp to comp. But in my company there is no such clause given in the appointment letter. After confirmation if he/she is leaving then they are suppose to serve the 60 days notice period. Even if they are sacking some one who is in the probation period then in that case they don’t pay anything.
Thanks
Regds
Shivani
From India, New Delhi
Hi Shivani,
I appreciate your concern for the employees.
You say that no such clause such as serving a notice period is in the Appointment Letter.Then the employer has no right to introduce a new policy and say that it has to be followed & mandatory.
If the employer thinks that a employee needs to follow a policy, he has to eiether mention it in the appointment letter / a seperate letter head and take in the employee written confirmation regards the same.
And generally employees in the probationary period are'nt paid anything if they are being removed becoz of performance or misbehaviour.
Ravi.
From India, Vijayawada
I appreciate your concern for the employees.
You say that no such clause such as serving a notice period is in the Appointment Letter.Then the employer has no right to introduce a new policy and say that it has to be followed & mandatory.
If the employer thinks that a employee needs to follow a policy, he has to eiether mention it in the appointment letter / a seperate letter head and take in the employee written confirmation regards the same.
And generally employees in the probationary period are'nt paid anything if they are being removed becoz of performance or misbehaviour.
Ravi.
From India, Vijayawada
Thanks Ravi
I am totally agreed with you. But employees over here are from CSE and they are wrongly manipulated. Even my seniors are not willing to add any clause. Do we have anything documented under the Govt rule, which can make my point stronger?
Thanks
Regds
Shivani
From India, New Delhi
I am totally agreed with you. But employees over here are from CSE and they are wrongly manipulated. Even my seniors are not willing to add any clause. Do we have anything documented under the Govt rule, which can make my point stronger?
Thanks
Regds
Shivani
From India, New Delhi
Hi Shivani,
I dont think in Indian Labour laws we have any clauses atleast relating to this case.Thats the reason many organizations are floating new policies at their whims and fancies.
However, it makes sense that the employee is bounded to the employer thru a Appointment Order or any other written agreement made by him.
In your particular case, your organization's whims are ruling the roost becoz no employee wants to spoil his/her time just for a mere amount(basic+ DA) in your case.However, if a empoyee decides to go legal, your company won't have any answers in defense.
However, like most companies, check whether their is any clause in the appointment order, which says that "The Employee is bind by the General Service rules which may tend to change with time".
Even if the the employee signs the order having the meaning of the above, he is bound to the rules.
However, I do think that as a HR person, discuss with your seniors /management about the issue and in the future incorporate any policy in the appointment order or take a written confirmation regards the same.
Regards
Ravi
From India, Vijayawada
I dont think in Indian Labour laws we have any clauses atleast relating to this case.Thats the reason many organizations are floating new policies at their whims and fancies.
However, it makes sense that the employee is bounded to the employer thru a Appointment Order or any other written agreement made by him.
In your particular case, your organization's whims are ruling the roost becoz no employee wants to spoil his/her time just for a mere amount(basic+ DA) in your case.However, if a empoyee decides to go legal, your company won't have any answers in defense.
However, like most companies, check whether their is any clause in the appointment order, which says that "The Employee is bind by the General Service rules which may tend to change with time".
Even if the the employee signs the order having the meaning of the above, he is bound to the rules.
However, I do think that as a HR person, discuss with your seniors /management about the issue and in the future incorporate any policy in the appointment order or take a written confirmation regards the same.
Regards
Ravi
From India, Vijayawada
Hi Shivani,
You said I think this is in violation of the principles of natural justice. In my experience, penalties (in this case, notice salary) must be balanced for both the employee and employer. Please get legal opinion and make the change in your appointment letter immediately, else this clause will not be legally enforceable - if the employee takes recourse to a labour court.
Others with a stronger legal background may kindly add their views.
Hope this helps you.
Regards
Ryan
From India, Mumbai
You said I think this is in violation of the principles of natural justice. In my experience, penalties (in this case, notice salary) must be balanced for both the employee and employer. Please get legal opinion and make the change in your appointment letter immediately, else this clause will not be legally enforceable - if the employee takes recourse to a labour court.
Others with a stronger legal background may kindly add their views.
Hope this helps you.
Regards
Ryan
From India, Mumbai
Shivani,
I don't think its mandatory to serve 60 days of notice period if the employee is not permanent. As you told the employee already served 8 months and still waiting for confirmation, that means the organization does not want to confirm him/her, whatever may be the reason that never matters. The bottom line is organization does not want to get that employee permanent .
But, sometimes depending on the policy of the company employee should serve the notice period as mentioned in the company policy manual. The policy may be different from company to company.
In your case the employee can serve minimum of 15 days and maximum of 30 days of notice period because he/she is a trainee now.Remember you should check the employee appointment/offer letter,check for employement terms and conditions that your company set for all.If the employee signed the letter with the company and it is mentioned to serve 60days of notice period then I think he/she should serve the same . Otherwise it may attract legal issues.
Regards
Dev P. Ray
From India, Gurgaon
I don't think its mandatory to serve 60 days of notice period if the employee is not permanent. As you told the employee already served 8 months and still waiting for confirmation, that means the organization does not want to confirm him/her, whatever may be the reason that never matters. The bottom line is organization does not want to get that employee permanent .
But, sometimes depending on the policy of the company employee should serve the notice period as mentioned in the company policy manual. The policy may be different from company to company.
In your case the employee can serve minimum of 15 days and maximum of 30 days of notice period because he/she is a trainee now.Remember you should check the employee appointment/offer letter,check for employement terms and conditions that your company set for all.If the employee signed the letter with the company and it is mentioned to serve 60days of notice period then I think he/she should serve the same . Otherwise it may attract legal issues.
Regards
Dev P. Ray
From India, Gurgaon
true dear but companies policies and the offer letter ,appointment letter should be careful read before signing Regards Nivi
From United States, Springfield
From United States, Springfield
Hello Shivani,
There is always a saperate rule for confirm and prbationary employees.
I do not know abt the other companies much but with my organisation,
for the employees who are confirmed will have to serve for 2 months from the date of resignation and for those who are probationaries have to give a notice period of 15 days only.
Regards,
From India, Ahmadabad
There is always a saperate rule for confirm and prbationary employees.
I do not know abt the other companies much but with my organisation,
for the employees who are confirmed will have to serve for 2 months from the date of resignation and for those who are probationaries have to give a notice period of 15 days only.
Regards,
From India, Ahmadabad
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