Query on serving notice period during probation period
Vivek
(Querist) 27 December 2011
This query is : Resolved
Dear Experts,
I thank you for your suggestions. As per the advices, I am ready to pay one month basic salary, for which I am doing regular follow ups, the HR replied to my point as “ Company is not interested to make money from the employee” , against this I told I am also not interested to take any salary debited to my account.
Kindly take my one month basic salary and relieve me.
When the employee is not interested to work why they are forcing me to work for one more month.
At this point can I take a legal action against them? if Yes, to whom and how shall I proceed ahead.
Kindly provide some advice.
Dear Sir,
I am working with a pvt. firm, I have joined this firm on August 22, 2011 and serving my duties as probation period. I have put my resignation on Dec.09,2011, in which I may mentioned that I will be serving 1 month.
In my offer letter I found the following clauses
7) Probation: You will be on probation for a period of 6(Six) months. During the probation period the company will be entitled to discontinue your services with immediate effect without assigning any reason in case your performance is not found satisfactory. At the end of the probation period your performance will be reviewed. If your performance is found satisfactory, you will be confirmed in your position. The Company may however, waive, reduce or extend the probation at its discretion.
The probation shall be deemed to have been extended automatically unless notified otherwise, in writing.
8) Notice Period I Termination: Your services will be liable for termination on 60 days 'notice from either side without having to assign any reasons therefore; or 60 days basic salary in lieu thereof (as per Company's rules) will be payable by the party terminating the employment to the other party.
In the event of your serving on the company a notice of termination of employment by submitting a resignation letter, the company shall have the option to waive the notice period partly or fully without paying you any salary or compensation for the notice period so waived and also to decide: (i) whether the notice period shall run concurrently with the period of any leave which may be granted to you; and ( ii) whether your notice period.
should stand extended to the extent of the leave availed of by you.
As per the process, so far I have not received any mail on the updates. After the regular follow ups, I come to know that, my reporting manger has given his remarks as “ as per company policies “, to process my resignation.
I am ready to pay the remaining basic pay, I had a verbal talk with HR and they have has refused to do so. I want to leave this organization, as the work environment is also not favorable for growth.
I wanted to know, as I am in probation period, am I bond to serve 60 days notice? based on the above clauses, how can I take the reliving letter.
Kindly guide me, in this case how to take the relieving letter and serve only 1 month notice period.
Kindly reply.
ajay sethi
(Expert) 27 December 2011
the appointment letter does not mention that if you resign during the probaton period whether notice is to be served , period of notice .
since the appointment letter is silent the clause relating to notice period will prevail . you will have to give 60 days notice or pay salary for 60 days .it is at the discretion of the company to waive the notice period .
Deepak Nair
(Expert) 27 December 2011
In the clause of probation, the termination of services by employer is mentioned, but not resignation by you.
Since the notice period is given as 60 days and no specific notice period is mentioned with regards to the probation, the said 60 days will be applicable to you.
If you give 30 days notice, you can get the relieving letter provided you pay the basic salary for the remaining period.
prabhakar singh
(Expert) 27 December 2011
Either you need to serve the notice period of 60 days or to give up salary therefor and as one month notice is given by you you may need to give up one month salary also for peaceful exit in case they do not agree to condone.
Shonee Kapoor
(Expert) 27 December 2011
Agreed with all experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 27 December 2011
Dear Vivek
I agree with the experts
Vivek
(Querist) 27 December 2011
Dear Experts,
I thank you for your suggestions. As per the advices, I am ready to pay one month basic salary, for which I am doing regular follow ups, the HR replied to my point as “ Company is not interested to make money from the employee” , against this I told I am also not interested to take any salary debited to my account.
Kindly take my one month basic salary and relieve me.
When the employee is not interested to work why they are forcing me to work for one more month.
At this point can I take a legal action against them? if Yes, to whom and how shall I proceed ahead.
Kindly provide some advice.
Devajyoti Barman
(Expert) 27 December 2011
You can not go beyond the terms of the agreement.
If it is the company which is at fault then you can file a suit for damages.
Deepak Nair
(Expert) 28 December 2011
You can definitely take legal actions againt the company. You are not violating the terms and conditions of the letter of appointment, instead it is the company who is violating the terms and conditions. Your resignation is approved as per the policy and you are ready to act as per policy.
You can send a notice to the company demanding the relieving letter (preferably through a lawyer) and thereafter, you can approach the labour court.
before that, try to speak to the higher authorities of the company.
