One sided probation period notice

Dear Menaka,

The Appointment Letter which is signed by the employee and employer is a binding contract between the parties. Thus, before signing the appointment letter the parties should read the terms and conditions carefully.

Further, company does keep few clauses in their favour because they want to protect their interest and also they incurr expenses in recrutingthe employees.

You may call on the belwo number for legal consultation.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

You have posted that:

“Can employer withhold my salary or experience letters stating that I didnt serve 3 months notice period, or can they send me a legal notice?”

NO.

But at the same time who can stop a recalcitrant, adamant, zealous, vindictive, line management/HR from doing it.

If you are still under probation period the notice period applicable is 7 days as per language stated in your post.

It is always better to avoid abrupt termination. You may tender notice of resignation, addressed to good offices appointing authority, MD, Chairman, company secretary, citing reference of clause number…..in appointment letter dated……issued to you, and mention notice period being tendered by you and thus your effective date of resignation, last day in office. You may mention all escalations made by you and thus reason of separation.

You may request the good offices:

- to assign you work which can be completed up to and within your last day in office,

-ensure that exit formalities are completed

-to inform you in writing to whom you should handover the charge/company property and designated employee may supply you the acknowledgment on the pot.

-to supply you the acknowledgment of notice of resignation immediately, its acceptance and final acceptance of resignation, correct FNF statement, payment of FNF dues by bank DD, form 16 as per correct FNF statement, attested copies of PF forms( submit the forms. Transfer of PF is better.), work experience/service certificate, relieving letter, etc…by the close of office hours on your last day in office   

The service conditions are stated in and governed by Certified Standing orders of the company, appointment letter……

If standing orders are applicable to the company but are not certified model standing orders shall apply.

The service conditions stated in standing orders will prevail, and can not be negated in appointment letter.

Model Standing Orders;

13.                (2) Termination of employment: (No Notice period applicable to probationer.)

(3)   Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

17. Liability of 17[employer].—

18.  Exhibition of standing orders

The notice period is expressed in SE Act, also. If your company is commercial establishment under SE Act, you may refer to SE Act applicable to your state.

Thanks a lot Mr Kumar, appreciate your detailed reply.

Thanks to Mr Rohit too, if needed I will give a call for legal consultation.