Resignation and payment

Chammi (Querist) 24 May 2014 This query is : Resolved
In my appointment letter the notice period is mentioned as 45 days during probation and 75 days after probation , Probation period is for 6 months . I have completed 9 months in the company and no communication on extension of probation or confirmation has been received by me. In absence of such communication is it deemed understood that employer has confirmed the employee . In case of resignation is the employer bounded to pay 75 days of salary for serving notice period or the employer will be bound to pay 45 days . Also what options are available if employer does not wants to pay ?

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Kumar Doab (Expert) 24 May 2014
There seems to be some error in your post?

If employee has initiated separation by resignation then employee is deemed to serve notice period or tender notice pay, and not the employer.

Except in case employer accepts resignation before expiry of notice period that too if employee agrees.

Effective date of resignation tendered by employee can not be preponed or postponed by employer.

Notice period/pay is part of service conditions and is not dependant upon the T&C inserted by employer in appointment letter drafted by it, or any private agreement signed by employer with employee.

YOU may go thru many threads with similar queries and you can download the judgments too that awards finality to the matter e.g;

http://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

Regarding whether you shall deemed as confirmed without any written communication to this effect you may show the appointment letter issued to you, HR policy/service rules and regulations mentioned in appointment letter to your lawyer.

The employer can waive off the notice period/pay. Therefore you can try for the waiver.