Resignation before probation confirnation
Querist :
Anonymous
(Querist) 07 July 2022
This query is : Resolved
Hello sir,
I want to discuss my resignation procedure. Please help me on this.
I joined my company on 1st april-2022. As per appointment letter, my probation period is 3 months and within probation period, my notice period is 1 month. After confirmation of probation period, my notice period will be 3 months.
My probation period was going to complete on 30-jun-2022. I had submitted resignation on 30-jun-2022 after closing of office hours I. e. 8.30PM.
after seeing my resignation, HR of company has issued confirmation letter for my probation period at 11.30pm, which is 3 hours after my resignation.
My query is :
1) Is my resignation valid/acceptable after closing hours of company as per indian labour laws.? Company has not given me any acceptance on this.
2) does their confirmation letter stands valid as I have received it after my resignation?
3) now, my notice period will be 1 month as I was not confirmed till resignation or it's 3 months? Company is forcing me to serve 3 months.
4) Company has took Disciplinary action against me for entry into office after closing hours. Company is not accepting 'resignation submission' as a valid reason for late entry.
Please advice me as per indian labour laws
kavksatyanarayana
(Expert) 08 July 2022
Make a representation stating the full facts to the Labor Commissioner/Dy. Commissioner concerned to relive you.
Querist :
Anonymous
(Querist) 08 July 2022
Am I on safer side or employer can take action on me
krishna mohan
(Expert) 08 July 2022
Its all depnding on you want to continue or take up next job. If you want to continue dont make any noise just accept. If you want to quit, consult with new employer on notice period issue and if they can accept you with one month notice period good. Else just proceed to honour as per your statement and insist for relief on expiry of one month. You can consult a local lawyer specialized on labour matters to peruse the paper and guide you.
Dr J C Vashista
(Expert) 10 July 2022
Q 1) Is my resignation valid/acceptable after closing hours of company as per indian labour laws.? Company has not given me any acceptance on this.
A. No, it (offer of resignation) is unilateral, arbitrary and incomplete as still to be considered and accepted or rejected by employer in terms of service agreement
Q 2) does their confirmation letter stands valid as I have received it after my resignation?
A. Yes, it is valid.
Q 3) now, my notice period will be 1 month as I was not confirmed till resignation or it's 3 months? Company is forcing me to serve 3 months.
A. Your service stand confirmed hence you are required to serve for 3 months notice period.
Q 4) Company has took Disciplinary action against me for entry into office after closing hours. Company is not accepting 'resignation submission' as a valid reason for late entry.
A. You have entered office after appointed time, which is not covered on the pretext of "resignation submission" which is your misconception.
Querist :
Anonymous
(Querist) 10 July 2022
Thank you sir for your reply.
What type of action, company can take against me.?
Termination or anything worse than this (Jail) ..?
I have agreed to serve 3 months notice period.
Dr J C Vashista
(Expert) 10 July 2022
Nothing can be beyond service rules of the company, which differ from a company to another.
However, nothing more than termination, even termination can not be there if you have agreed to serve notice period of 3 months as per terms and conditions of appointment; but not jail in this case.
P. Venu
(Expert) 12 July 2022
What is the ground on which you have submitted your resignation?
Querist :
Anonymous
(Querist) 13 July 2022
I have submitted resignation because of better opportunity
