sarika (se) 18 February 2014

Joined a new firm

Hi,

i have got an offer from another firm(firm B) a week into joining firm A). It was lucrative, better salary, one level above what i was at Firm A. I was in probation period of 6 months and hence decided to submit my resignation.

I had a talk with my Hr in firm A who informed me that i need to serve three month notice period even in probation. I tried to get 3 months extension from HR in firm B stating some health reasons as they were not aware of my joining firm A during the interview process but they agreed for 45 days extension.

The manager and HR in firm A offered me a brief onsite and this way my plans for resignation got delayed by 1 month. I had a fight with my manager in Firm A and decided to not go back to duties.

I joined Firm B but my apprehensions are: will they come to know about me joining firm A. I have not furnished the experience in Firm A to Firm B. How do i face in case they find?

Will Firm A come to know that i am working in Firm B?

I had taken 2 months salary in firm A.

Please help me

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1 Replies

Kumar Doab (FIN) 21 February 2014

There is never a need nor a reason to conceal anything.

Employee should always consult elders in the family, lawyer/law firm before acting in haste ad acting on his own.

Subsequent to notice of resignation submit final resignation. If it was submitted by normal post submit a copy by redg. post. Affirm that no tasks were pending at your end and you had affirmed in office to handover the charge.

3 months notice period during probation period may get termed as unreasonable.

Notice period does not depend upon offer/appointment letter alone.

If standing Orders (Certified/Model) are applicable to the establishment and extended to your designation then you may demand the certified copy to be supplied to you by redg. Post only.

If standing orders are not certified Model Standing Orders shall apply.

Model Standing Orders being statutory in nature supersedes the terms and conditions contained in the letter of the appointment

Model Standing Orders lays down notice period in case of a probationer as NIL. The employer is bound to ensure faithful observance of the standing orders.

13. Termination of employment:

(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and ^{no probationer}or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated…………

17. Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

There are many threads on similar queries that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwSuKEeBmXU