I need help regarding my situation. I posted wrongly as a reply to some other's topic. so freshly posting as a new topic here:
I joined a pvt bank on 5th May 2014 as Management Trainee, and since then not at all enjoying my work, the culture and environment is also very negative. I feel mentally sick here, and continuing even a single day is very tough for me. I am very desperate to leave, and that too immediately.
Now, I have few queries, and I was wondering if any of you could help me find answers to them.
My appointment letter says the below points
Point 1. The appointment letter is addressed to me but in two occasion my name is written with salutation as Ms. though I am male.
Clause 1. You will be undergoing training period for one year and will be in probation, post completion of which you will be in the permanent service of the employer.
Clause 2. a) Your service may be terminated at any time without cause by giving not less than 90 days notice in writing....
b) you shall be entitles to terminate this appointment without cause at any time by giving not less than 90 days notice in writing. you may also terminate this appointment by payment of salary (basic+consolidated allowance) in lieu of notice, acceptance of which shall be at the sole discretion of the bank.
(in above clause there is no mention of whether it's for probation period also. However, I found this point in HR Manual of the company that in the probation period employees including Management Trainees will have 1 month of notice period.)
My queries are:
Query 1. I asked for the corrected copy with proper salutation, the HR said, ok, just sign it now, we will send you the corrected one soon. I signed it, but till date have not received the corrected one. Now that I have signed the one with error in salutation, will it be binding on me? I mean, will the contract be void considering that I am not Ms. So n So, even though the name matches?
Query 2. If I resign and ask for relieving me immediately(say within maximum 2-3 days), for how much notice period I have to pay, will the clause in my signed appointment letter (3 months) supersede what have been prescribed in the HR manual (1 month for probation period)? Or I can pay for one month only and argue on the HR manual clause?
Query 3. In case they do not agree to relieve me immediately (say maximum 2/3 days), can I formally put resignation and seek release by next 2/3 days, and take the copy of these communication and stop coming to office (And I will also in writing communicate them that I am ready to pay for the remaining notice period, i.e. the full notice period). In this process will I be legally correct with my action? At any cost I need to leave soon. No specific duty is assigned to me that needs any handover.
Query 4. Even though in Appointment letter basic plus consolidated allowance is mentioned as the notice payment, considering I am in probation (and as per clause not a permanent employee) can I just pay the basic pay for remaining notice period, resign and leave. After that can they claim full salary or act legally against me? Relevant to mention that I have completed only about 20-25 days in the company.
Please advise me and help me come out of this moral quandary.
Thanks in advance
Niladri
