Probation period action

Prior to this thread you had initiated another thread:

https://www.lawyersclubindia.com/forum/Re-Regarding-absconding-rules-54582.asp

You should give all info in your post. If you are still in probation period and notice of termination by company is 7 days it is implied as same in case of employee. You may quote the clause of termination in your notice of termination. The company seems to be taking undue advantage of employees who are ill informed about their rights. Approach your lawyer and issue legal notice, in the name of Hr personnel coercing you and good offices.

@Kumar Doab

Thanks a lot for your reply.

In the employment agreement the clause for notice period it was mentioned: Subject to the provisions of clause x (probationary period), your employment with the company can be terminated by Ninety (90) days notice in writing from either side, or Ninety (90) days pay in lieu of notice, as may be determined by the Company.

Does this mean that the notice period is 90 days??

You have posted that"probationary period ' your services may be terminated upon one week's notice or pay in lieu thereof by the company at its sole discretion'." This period can be  implied to employee as well.

If you are under probation period notice period is one week.

So can i mention this in my mail to the HR team that 'in the employment agreement letter it has been mentioned that during probationary period the employment can be terminated upon one week's notice, and I have already served 24 days notice period. So I request the good offices to let me know what necessary action is pending from my side so that I can get my dues, the relieving letter etc.

What if the HR team does not agree to this? What option is available to me in that case? 

--90 days notice in probation period is unreasonable.

As already discussed in your thread;

https://www.lawyersclubindia.com/forum/Re-Regarding-absconding-rules-54582.asp

Forum Home > Labour & Service Law > Employment > Regarding absconding rules

You may check the SE Act applicable to your state.

--If notice period during probation period is 7 days for employer this period can be implied to employee as well. It shall be appropriate to show the appointment letter to a competent and experienced service lawyer and obtain a clarification on notice period during probation period and after confirmation.

--You have submitted medical leave with advice for bed rest. Company has denied stating as per their doctor bed rest is not advised.

--Company has informed that it shall declare you absconding.

-- You can approach O/o Labor commissioner.