Probation completion letter not signed & resigned
Querist :
Anonymous
(Querist) 01 August 2018
This query is : Resolved
I received probation completion mail alongwith revised employment contract letter on 12th July but I did not sign it.
I sent a resignation letter on 31st July mentioning to serve a notice period of 7 days as per original appointment letter signed by me when I joined the job.
Company adheres that I am liable to serve notice period of 1 month as mentioned in revised employment contract letter received alongwith probation completion mail.
Am I liable to serve 1 month notice period or 7 days.Please guide
Kumar Doab
(Expert) 01 August 2018
AQ .............Pls post with your ID
Kumar Doab
(Expert) 01 August 2018
While posting such queries employee should post basic information!
What is this establishment; Govt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .
Kumar Doab
(Expert) 01 August 2018
What exactly was the benefit assumed by you by remaining silent on the email sent by establishment?
Employee should consult elders of the family, competent and experienced well wishers, seasoned employee’s/trade union leaders, a very able senior LOCAL CA/counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and become properly informed.
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Labor court/CGIT, CAT, School-Educational Tribunal, Civil courts, HC, SC……
The notice period/notice pay in lieu of notice period/rate of notice pay is part of service conditions and governed by various enactments applicable to establishment/employer/employee…
e.g; If establishment is covered by Shops & Estbs Act and employee is covered by def. of Employee as in the Act the notice period may be as per length of service for employer..and in some states for employee as well. There is provision for notice pay in lieu of notice period.
If establishment is covered by Standing Orders (Model /certified) and employee is covered by def. of Workman/designation of employee is covered by certified standing orders the notice period may be NIL during probation period and max. 30days after confirmation... There is provision for notice pay in lieu of notice period.
ID Act does not lay down notice period for employee but lays own for employer in case of retrenchment.
Relate with applicable enactments..
All enactments may be available on Dept. of Labor website of the state.
Kumar Doab
(Expert) 01 August 2018
Apparently the employer has amended notice period in line with applicable enactments as already explained above.
The provisions of applicable enactments/statute/instrument of law/presences’ in matter of service jurisprudence prevail upon any private agreement/contract drafted by employer and signed with employee e.g; appointment letter/contract of employment etc... The T&C in private agreement/contract drafted by employer and signed with employee that is violative of applicable enactments shall be void.
The contract of employment should promote equitable discretions.
Or if employee is not covered then relate with service conditions as in Contract of Employment.
You could have accepted the confirmation in writing and declined to accept change in notice period.
You may check if the establishment/employer agrees to accept notice pay in lieu of (shortfall in) notice period, in case you cannot serve for more than 7days and get separated by getting above mentioned docs.
Or you may ask next establishment that you want to join to extent the joining period in offer letter and also to buy out notice period and check what is the response. If you have the requisite skills and have developed rapport with Line Managers/HR/Employer then they may agree and provide desired relief.
Or you may serve notice period of 30days.
Kumar Doab
(Expert) 01 August 2018
While you decide, you may go thru Articles under my profile and pick up relevant points..
No Income Tax on Notice Pay of Employee
No charge of Unauthorized Absence on Employee after Expiry of Notice Period!
'Joining Bonus' returned to ex-employer cannot be deducted from salary income!
Guest
(Expert) 01 August 2018
I disagree with the misleading advices of Shri Kumar Doab.
You better find new job. Private companies dont bother about people leaving.
