Notice period during probation
Querist :
Anonymous
(Querist) 11 December 2010
This query is : Resolved
Dear All,
I joined a company and the clauses of the appointment letter are as under.
I left the company within three months of joining with just 1 day notice. The company is just behind me and demanded six months gross salary as per the terms of the appointment letter as below. I fought for them in the civil court and the judgement went in favour of the company.
Would be grateful to the advise of the learned people with the options that I should exercise now.
The clause 3 of Appointment Letter reads as follows:
"You will be on probation for a period of TWELVE MONTHS from the date of joining service which may be extended at the discretion of the Management for such further period or periods as the Management may deem fit".
Clause 4
You will be confirmed on completion of the probationary period if your service is found satisfactory.
Clause 5
You will abide by all the Rules and Regulations of the Company and code of conduct made applicable from time to time to Managers.
Clause 6
Your service can be terminated with six month's notice or payment of gross salary in lieu thereof. In the event of your resigning the job, you shall give six month's notice or six month's gross salary to the company in lieu thereof.
Regards
RM
B K Raghavendra Rao
(Expert) 11 December 2010
One day's notice before resignation is in violation of terms of appointment. You have agreed for your appointment in terms of the appointment letter according to which you ought to have given six month's notice. Having failed to do so, you are liable to pay six month's gross salary to the company and the company is entitled to recover the same from you as money arrears. You will not succeed if you file an appeal. Best thing is to compromise with the company.
Devajyoti Barman
(Expert) 12 December 2010
Yes but if you provide the full versio nof the terms and conditions of the job then further opinion could be put forth.
Querist :
Anonymous
(Querist) 07 January 2011
Dear All,
I am extremely delighted with the quick response of the learned lawyers on my query and at the same time apologize for not having responded to that owing to my hospitalization.
As suggested by Mr. Barman, I am reproducing the appointment letter details for more evaluation and expert opinion. I am also putting forward as a common man with my understanding with the clauses and this is up to the learned lawyers to comment.
The appointment letters reads as under:
1, with reference to your application dated … and your subsequent interview with us, we are pleased to offer you the position of …. In our organization at our … plant on the following terms and conditions:
2. Your pay and perquisites will be as under:-
a. Basic Pay
b. Fixed DA
c. Variable DA
d. HRA
e. Special allowance
f. Food allowance
g. Education allowance
h. Driver wages
i. Conveyance
j. LTA (Payable on confirmation in service, but will be calculated from the date of appointment)
k. Variable annual performance (pay on assessment of your performance on an annual basis)
l. Reimbursement of medical expenses
m. PF
n. Hospitalization (as per insurance scheme in force in the company)
o. You will not be eligible for the bonus
3. You will be on probation for a period of TWELVE MONTHS from the date of joining service which may be extended at the discretion of the management for such further periods as the management may deem fit.
4. You will be confirmed on completion of the probationary period if your service is found satisfactory
5. You will abide by all the rules and the regulations of the company and code of conduct made from time to time to …
6. Your service can be terminated with six month’s notice or payment of gross salary in lieu thereof. In the event of resigning the job, you shall give six month’s notice or six month’s gross salary to the company in lieu thereof.
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-
-
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Please return to us the copy of this offer dully signed by you, as a token of acceptance of the terms and conditions of this offer.
My queries are as follows:
1. The offer letter is silent about the notice period during the probation period
If six month’s notice period is applicable during probation period then what is the
difference in the probation period and the confirmation?
Further, the meaning of probation is - Try Out, Trial, Audition, Experimentation,
Test etc. If it is associated with a notice period of 6 months then where is the question
of probation? It is then as good as confirmed. During the probation period both
employee and the employer are experimenting and getting adjusted with each other and
if found OK, they may get the services confirmed and then notice period gets applied.
2. Based on the elements of the salary breakup, what should be the elements considered
for the purpose of calculation of the gross salary?
I will be grateful to your for your considered advise.
Regards
