Regarding not serving notice period.
sagar sanjay hatwar
(Querist) 09 July 2015
This query is : Resolved
dear sir/madam,
I have joined current company on 15th june 2015. now I want to resign.
Following is the statement given on the appointment letter;
"In case of terminating the services one month prior notice is to be given or one month's salary to be paid."
shall I just give the resignation letter and pack my bags???
regards,
sagar hatwar
Guest
(Expert) 09 July 2015
Give one month's notice to resign and wait for official order of your relief from the post.
Kumar Doab
(Expert) 09 July 2015
It is not necessary that each T&C inserted by employer in any private agreement/rule/policy drafted by it and signed with employee shall be applicable to employee e.g. offer letter/ appointment letter/HR policy/Service Rules and regulations/Exit policy etc.
The one month notice period inserted in appointment letter may not be necessarily applicable in your case.
Resignation can be without permission and notice.
STILL EMPLOYEE SHOULD TENDER REASONABLE NOTICE AND HELP TO HANDOVER THE CHARGE/COMPANY PROPERTY………………..OF COURSE UNDER PROPER ACKNOWLEDGMENT.
Why do you want to resign after say approx.24 days, after joining? Have you been subjected to some rudeness, rowdiness, harassment, bad work culture and is the Line Management/HR irr-responsive? Did you try to get your grievances redressed?
Has the employer breached any of its promises?
Did you sign any BOND/Service Agreement and is there any clause on Penalty/Liquidated damages? If yes do you have the copy of the Bond and the Bond/Service Agreement was created in lieu of what extra ordinary favor by the company e.g. some certified training from some certified Instt. at the expense of company?
What is this establishment registered as: Commercial,Industrial?
The Division/Dept./office where you were located last is: registered as: Commercial,Industrial?
How many maximum persons are employed in it at any point of time, before and after your resignation?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?
Were you confirmed or under probation period?
Does the establishment have its certified standing orders and is your designation covered by it or Model Standing orders apply to it?
Has it issued you any offer letter (after selection, before joining) and appointment letter after joining, PF number, ESIC card, I.Card?
Has it paid you the salary of June latest by 10th July, and provided salary slip?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc?
Have you resigned? Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post), and mention NO tasks are pending at your end and to whom you should handover the charge?
Are you a member of any employee’s/Trade Unions?
You may reply pointwise to each point for further response.
The recruiters and employers in the Industry do not view such short tenures positively and you will need to answer queries.
You would need to relieve properly and with all documents and avoid any adverse effects in future, during BGV/reference check.
Don't think of concealing this short employment and rather get yourself relieved properly.
sagar sanjay hatwar
(Querist) 09 July 2015
given below things are written in appointment letters, a copy is with employer and original is with me only.
"In case of terminating the services one month prior notice is to be given or one month's salary to be paid."
declaration:
I have read all the terms and conditions.
my sign.
if I have to give one month payment as I have already served 15 days, still I have to work 15 days
sagar sanjay hatwar
(Querist) 09 July 2015
they have not provided any salary slip, nor they are giving me epf no.
Kumar Doab
(Expert) 09 July 2015
"You may reply pointwise to each point for further response."
If you reply the response and resolution might be possible.
Rajendra K Goyal
(Expert) 10 July 2015
Reply the question raised by the expert Kumar Doab for further advise.
sagar sanjay hatwar
(Querist) 10 July 2015
The appointment letter is as follows;
To,
(My Name & Address)
Dear Sir,
This is in reference with your application and subsequent interview for the post of marketing officer. We are glad to appoint you as marketing officer with effect from 15/06/2015. Being a marketing officer you will be entitled a salary of Rs. 35,000/- per month.
The terms and conditions of the said employment are as under,
1. This appointment letter is valid for 2 years.
2. That from the date of joining you will be on probation period for 6 months.
3. That you shall abide by all the service rules and law applicable to the company time to time.
4. Your services with the company shall be extended beyond this period depending upon performance.
a) You will report to the general manager marketing at our head office.
b) Your office timings are 10 a.m. to 6 p.m.
c) You have to follow the standing orders of your superiors issued from time to time.
d) You would not leave the headquarters or avail any leave without prior sanction.
e) You will be responsible to establish the relationship with new customer and develop the business and sales.
f) Your yearly target is Rs. 2 Crores i.e. new sales increase of minimum Rs. 1 Crore target is given to you per year.
g) You are required to travel extensively for marketing and recovery as & when required.
h) You will work in strict, confidence & will not leak any information what so ever to anybody
about the business policies of the company.
i) You will be responsible increasing the sale of the company and you will communicate with the customer under the guidance of the management.
j) You will be responsible for the expenses made by you and cash handled.
k) You will travel across India whenever the management directs you to do so.
l) Any eventual work as and when required will be done by you.
m) In case of terminating the services one month’s prior notice is to be given or one month’s salary is to be paid. This is applicable to employee as well as employer.
n) If you fail to abide by the confidentiality of the company and leak the confidential information to anybody it will be treated as cheating and you may face prosecution under suitable section of Indian penal code.
For (Employer’s Name),
Authorized Signatory
DECLARATION
I have read all the conditions mentioned in the appointment letter. I have understood those completely. I accept all the above mentioned conditions and will follow in totality.
My Signature
Kumar Doab
(Expert) 10 July 2015
There seems to be some problem and that is why probably you are not answering pointwise to all points.
Your reply to each point is required to provide response.
Generically speaking: Your employer company might be registered as a Commercial establishment and a Marketing Officer may be covered as per def. of ‘Employee’ as in (Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of the employees working in establishments covered by this Act. As per this Act the notice period shall be as per length of service and for service period of less than one month notice period might be NIL.
Moreover standing orders (certified/model) might be applicable and as per Model Standing Orders: Sec;13 the notice period during probation period is NIL.
Take help of elders in the family, competent and experienced well wishers, employee’s/trade unions leaders, Labor Law Consultant/Service matters lawyer/Law firm and reply and they can also resolve your matter.
Don’t leave abruptly and handover the company assets/property under proper acknowledgment and resign properly.
The company can adjust the notice period/pay in FnF statement/settlement after computing salary.
sagar sanjay hatwar
(Querist) 12 July 2015
if any one is in probation period. then is it compulsory to serve notice period after resignation?????
Kumar Doab
(Expert) 12 July 2015
This is Last Reply by me.
Both: Yes and NO.
Had you replied to all points, a specific
response was possible.
You may wait for more posts in this thread.
Best approach shall be to take help of elders in the family, competent and experienced well wishers, and along with them approach employee’s/trade unions leaders, Labor Law Consultant/Service matters lawyer/Law firm and reply and they can also resolve your matter.
