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manisha   24 July 2017

Resignation during probation period

Hi

I joined with a compnay on 17 july 2017, but after joinig there i m not satisfied with work allocated and also having some healths issues. As per enclosed offer letter i was asked to bring original documents, but at the day of joinig, HR get submitted my 10th & diploma original certificates. When i questioned about it, she said we are not signing any bond with you, so your certificate will remain with us. Toady i got appointment letter. But i don't want to continue my job with this company on basis of above both matters. So if i leave job without serving notice period, then can employeer will hold my CERTIFICATES. as per terms of offer letter, they mentioned i will not get any compensation if i didn't serve notice period.



Learning

 15 Replies

Kumar Doab (FIN)     24 July 2017

Have you submitted the copies/certified copies/attested copies of certificates? If yes these should suffice.

Upon recieving appointment letter that narrates service conditions and actual duties at workplace if you (employee) are not satisfied then you can formally separate by resignation.

Probbably that is what you want. However what are the actual problems that you are facing?

Usually job advt narrating post/designation/nature of duties.interview call letter, selection letter, offer letter are issued before joining.

Was any of these issued to you?

Does any of these state nature of duties, location, kind of work that you shall have to do, notice period etc etc................and requirement to submit original certificates................?

Has any acknowledgment of having collected your original ceritificates been issued and supplied to you?

 

Have you signed acceptance of appointment letter?

Have you asked HR person and/or Head-HR, good offices of Appointing Authority, MD to return your original certificates?  If yes, what is their reply?

 

You can even write under proper acknowledgment to return your original educational certificates.

 

 

Kumar Doab (FIN)     24 July 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, ?

 

Have you signed joining report?

 

manisha   24 July 2017

No any acknowledgment of my submitted original ceritificates issued by them.

And i signed appointment letter today.

Offer letter was given before via mail, which i accepted (copy of same was uploaded.)  its in Faridabad.

 

 

Kumar Doab (FIN)     24 July 2017

The bone of contention seems to be notice period/pay......

Try to put forward your dissatisfaction of work etc and get waiver of notice period/pay...............and separate..................

 

Does employer agree on it?

 

Kumar Doab (FIN)     24 July 2017

GO thru:

THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1958

2 (vi),22,23

https://hrylabour.gov.in/content/labour_laws

Kumar Doab (FIN)     24 July 2017

23.    Notice by employee -(1) No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer 1[thirty] days previous notice or pay in lieu thereof.

(2)  Where an employee contravences the provisions of sub-section

(1)     his employer may forfeit his unpaid wages for a period not exceeding

2[thirty] days.

 

Kumar Doab (FIN)     24 July 2017

Yuo may reply pointwise to all points...

manisha   26 July 2017

Originally posted by : Kumar Doab

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial? : INDUSTRIAL

What is its nature of business say; IT, ITeS? No Rolling Mill Automation

How many persons are employed in it? Approx. 50 - 60

What is your designation and nature of duties? design engineer, drafting of drawings
How many persons report to you? I report to my seniors

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? NO

You are in which state? Since how many months you are working? its just 1 week i start working there and its in faridabad

Do standing orders (model/certified) apply to establishment and your designation?------

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Notice period is One month 

Was ever any stinker, memo, show cause notice on any misconduct issued to you? No

Are you a member of employee’s/trade unions? NO

Has the establishment issued/supplied, offer letter, appointment letter, ? Yes

 

Have you signed joining report? Yes i have to sign.

 

MY MAIN CONCERN IS , if I RESIGN ON BASIS OF ,MEDICAL REASONS WITHOUT SERVING NOTICE PERIOD, SO WILL THEY RETURN MY ORIGINAL CERTIFICATES...



 

 

Kumar Doab (FIN)     26 July 2017

Employer has NO lien on original educational certificates of employee.

 

Kumar Doab (FIN)     26 July 2017

keep your self appraised of:

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

Industrial Employment (Standing Orders) Act, 1946 (20 of 1946)

Payment of Wages Act, 1936

https://hrylabour.gov.in/content/labour_laws

 

The contact details of Labor Officials are available at website;

CONTACT US

Head Office : 0172-2701373

ALC Head Office : 0172-2724367

IT Cell :0172-2702136

ALC NCR : 0124-2322148

Labour Department, Haryana

30 Bays Building, Sector 17,

Chandigarh - 160 017

For Other Purpose :

labourcommissioner@hry.nic.in

Then there is a button for help at:

https://hrylabour.gov.in/contact

 


(Guest)

Not enough solutions.

 

 

Kumar Doab (FIN)     27 July 2017

If you wish: Submit a gentle written communication under proper acknowledgment to return your original educational certificates................

If you can resolve by applying your own sklills, go ahead. 


(Guest)

Legally, they don't have any right to withhold your educational certificates. If they refuse, you may serve them with legal notice.

 

Kumar Doab (FIN)     02 August 2017

You can lodge police complaint as well.

There are many resolved threads at LCI initiated by employees that lodged police complaint and got their ceritificates.

Don't you have employee's/trade unions, Works committee, Greivance Redresaal Commitee at your location/state!


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