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ganesh sharma (nil)     28 May 2012

Notice period

i am working in a corporation which is a govt of india undertaking. at present i am in probation period. one of the terms of the offer of appointment was "you will be on probation for a period of one year from date of joining. During this period,your services may be terminated by either side without notice. After completion of probation period, your services may be terminated by giving two months notice from either side."

Now i have completed just 2 months of my probation period and i want to resign. Can i simply resign without giving ny notice period. whether the terms of offer of appointment suggest that only employer can terminate me without notice period during probation but this clause of no notice period is not applicable on employee and i have to give notice period. some friends are suggesting that only employer has the right to terminate without notice period but what i get from the language is that both employer and employee are on same priviledge in tis regard. pls help me by clarifying the meaning of the terms as quoted above.



Learning

 3 Replies

Kundan Kr. Singh (Advocate)     28 May 2012

Hello Mr. Sharma

As per query    you are in probation period or letter language is Either side means You can resign without  giving notice. But if you give him intimation That  I want  to resign from your organisation. I think It is Better way. 

It is depends upon you.

Thanks

Kumar Doab (FIN)     28 May 2012

As advised by Mr. Singh, both employee and employer may terminate without notice.

However it always better to avoid abrupt termination. You may submit notice of termination, with effective date of termination/last day in notice mentioned in it, say 7 days from date of notice or as suitable to you. You may mention that details of employee designated as replacement and authorized to take charge from you may be supplied to you in writing along with acknowledgment of notice of resignation and acceptance of resignation may be informed to you in writing. It shall be appropriate to complete all tasks on hand and confirm in writing that you have completed the assignments if any. You may mention that during the period of notice exit formalities, settlement of your dues may be completed  and work experience/service certificate, relieving letter, form 16, attested copy of PF withdrawal/transfer forms, PF number, NOC/NDC,FNF statement, payment of dues by bank DD, etc  should be supplied to you within  your last day in office. You may submit final resignation on last day in office, under acknowledgment.

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     28 May 2012

Kindly check you appointment letter again, as per my knowledge your friends are right and you have to serve the notice of 2 months


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