About notice period
Jigar Patni
(Querist) 16 December 2013
This query is : Resolved
Dear Sir/Madam,
I had join one company on june-2012.
now i got better opportunity so i had put resign on nov.-2013.
As per appointment term with company that, I was on 6 month of notice period. during the notice period I had 15days of notice period.
but after complition of notice period, company was not given me any confirmation letter. and as per company rule, after confirmation on job notice period will be of 45 days.
I have mention on my resign latter that please releive me on or before 2nd dec.
and i was submitted all of their thins on 2nd december & discontinue from job.
so i have question that they are not giving me any confirmation after notice period, so which notice period
will be considered?
and also they have not given me last month salary and
now they says as per 45 days notice period, your partial salary will get us and remaining 15days you have to give company or pay salary of 15days. otherwise we will take any legul action.
so please provide me better solution.
Kumar Doab
(Expert) 16 December 2013
If your service was not confirmed you would be in probation period. The notice period as in probation period should be applicable.
Demand from appointing authority, MD, to supply you the correct FNF statement for verification and acceptance by you. If it is not correct decline to accept it in writing under proper acknowledgment.
The company has to pay you the wages for each day of employment.
The employee can lodge complaint the minute wages are delayed even if by a day. The employer may get penalized By Rs.7500/ instance.
The time for FNF wages is also last day in office or within 2 days or max. by usual pay day.
If company has not paid wages to you it must have defaulted on payment of PF, ESIC, Gratuity, Group Insurance, TDS too.
You may demand acceptance of resignation, service certificate, relieving letter, correct FNF statement, FNF wages, salary slip, PF number, ESIC card, Form 16 etc............................
Notice period during probation period is ideally NIL as employee has no lien on appointment.
Notice period does not depend upon T&C stated in appointment letter alone.
Standing Orders applicable to the Establishment (Certified/Model) enactments e.g. Shops and Commercial Establishments Act,
Service rules should also be referred to.
As per Model Standing Orders: Notice period during probation period is NIL hence notice pay is also NIL.
