kaushal.jadhav9@gmail.com (Trainee) 10 April 2011

Resignation without Notice Period

I was working with a Private Limited Company in Thane as a TRAINEE OFFICER - ACCOUNTS from June 1st 2010, with a CTC of Rs. 60,000 p.a. Recently I left the company (in April 2011) because I got better oppurtunity.

I was on Training period of 6 months and Probation period of 6 months, before the completion of my Probation period I left the services, there was no mention of NOTICE PERIOD in the Appointment Letter. Now the employer wants me to complete a notice period of 30 days, although there was no such mention anywhere in the Appointment Letter.

My queries are:

1) Can the Employer take Action against me due to my Immediate resignation?

2) Since I was on Probation period was it mandatory for me to give notice period, although there was no such mention in the appointment letter?

3) What suitable actions can I take against him (Employer), if he tries to harass me by sending mails or over the Phone?

4) What are the Legal steps I can take against him to challenge him?

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4 Replies

Kumar Doab (FIN) 10 April 2011

In your appointment letter ,the notice period is not mentioned during probation period.

Your employment contract is governed by terms of contract of appointment.

Did the employer issue any corrigendum to apointment letter.

Did the employer any other letter confirmng completion of training period, and initiation of probation period and describing terms etc.Did you sign your acceptance of any adittional conditions.

Hope you submitted your resignation under acknowledgment, and have submitted the company property if any, under receipt.

And employer has not responded to you in writing.

You may submit a reminder to MD,CEO, HR Head, Company secretary,and ask for your acceptance letter, settlement of account,F&F,form16(if any TDs is deducted),work experience certificate,NOC,NDC,releiving letter etc.

Let the employer respond to you in writing.

You may act smart, be persuasive,and resolve amicably with HR.

Or you can lodge greivanc with local labour concilliation officer.

kaushal.jadhav9@gmail.com (Trainee) 10 April 2011

Sir,

Other than this Appointment Letter, the Employer has not issued any other letter, nor I have signed on any document issued by the employer.

Attached File : 17 17 appointment letter.pdf downloaded: 163 times

Kumar Doab (FIN) 10 April 2011

Director is your appointing authority.For training and probation there is no notice period.

So far the director or company has not levelled any allegations on you,they have simply asked to work for 1 month , verbally.

Don't be anxious or over react.Setlle the matter amicably.Be smart.

You can express that due to certain exigencies you are unable to continue.

However you would like to maintain the rapport and relationship, and you shall recommend suitable candidiate whenever you come across and also help the candidate and company whenever you can.

The term of appointment like "You shall obey the orders given by the seniors and diligentaly carry out the same" is not one a highly professional and HR oriented company would make.

If you face any difficulty lodge your greivance with office labour commissioner.

V. VASUDEVAN (LEGAL COUNSEL) 10 April 2011

The letter does not stipulate any notice period by either party. Hence submit a written resignation and leave the organization. No actio whatsoever can be taken by the Company. Ensure that you hand over any pending assignment and take an acknowledgement. If an acknowledgement is not given, confirm the hand over by a writtten document.

vasudevan