Rahul (other) 26 June 2010

leaving a job in probation period with resignation.

DEAR sir,

i need your help.as

i worked in one company for 6 days.

they recruited me as asst. manager sales but i end up doing tele calling there for generating lead. and even the things told me about to me like targeting the sector and the job profile is not there.

when i got a good opportunity i told them and they are asking for one month salary or one month probation period to be serve. as mention in the employment agreement.

but in the offer letter it is mentioned (i am putting in the same words) "" you will be on rolls of the company from the day 1 but with a month probationary period inn which we train you, test you and understand your potential to put you into the right kind of profile. this period may or may not stretch more than one month depending on your performance.""

now my question is

1) Do i have to serve the notice period or give them money.
2) what legal consiquencess can be there by to me by the company.
3) will it effect my new job as they do not know about this job, or this company if came to know about my new one can create some issue.
4) shall i send them the resignation my email.

regards

rahul

Reply Follow

7 Replies

Adv.Aiyer VLV (Proprietor) 26 June 2010

Hi Rahul

this is one lesson you must carry through

as far as possible, litigation must be the last resort.

in India it does not pay to litigate

you are on rolls of company. but you have not given the clause for notice period. i guess it must be perfectly be sitting as the company is demanding.

kindly see troubles guys like @mailer notice whom want experience certificate is under going

https://www.lawyersclubindia.com/forum/Re-need-experince-offer-releiving-letter-20709.asp

Do i have to serve the notice period or give them money. YES
what legal consiquencess can be there by to me by the company. A SUIT TO RECOVER AMOUNT DUE TO YOU, REFUSAL OF REFERENCE OF OTHER COMPANY. PLEASE NOTE, LEAVING A COMPANY IN 6 DAYS ITSELF CAN DAMPEN YOUR CHANCES IN ANOTHER COMPANY

3) will it effect my new job as they do not know about this job, or this company if came to know about my new one can create some issue. CERTAINLY As above
4) shall i send them the resignation my email. DISCUSS WITH THEM AND REQUEST TO REDUCE THE PERIOD NOTICE PAY. YOU ANYWAY HAVE TO PAY FOR 24 DAYS SINCE 6 DAYS YOU WORKED. MAKE IT 15 DAYS IN TOTAL. HAVE THE RESIGNATION LETTER ACCEPTED AND FINAL SETTLEMENT LETTER MADE AND TAKE YOUR RELIEVING LETTER WITH A THANKS OR GOOD IN WORK/CONDUCT CERTIFICATE. IF IT WILL NOT WORK, SEND IT BY REGD POST, ONLY IF YOU HAVE ANY ISSUES IN SETTLING IT AMICABLY

REGARDS

mohammed mazharuddin (Associate Lawyer) 26 June 2010

Mr. Rahul you have the answers in your letter address to us for advise as stated by you that they ask you to abide by the terms as mention in the employment agreement.

you hve 2 options either you hve to serve or pay as per the agreement even if you peruse the words of your offer letter it is the descritionary power which may or may not be used by the company depending on your performance.

Wht i suggest you is that whn you hve good offer try to buy out some time from the new company either to pay one month salary or probation period. Insted of creating litigation and spoiling your image and future.

Hope you hve understand it

Regards,

M.Mazharuddin

T.R. Ganesan (Advocate) 26 June 2010

Mr. Rhul,

Associate Lawyer, Mr. M. Mazhar in a simple language highlighted

to solve your immediate problem and to sve your image in the market.

I agreed fully with the view expressed by my Ld. friend,

T.R. Ganesan

Rahul (other) 26 June 2010

thank you for your prompt reply..

ya i had learnt a big lession form it. i dont want any certificate or reliving letter from them.

I want one clarification as it is a probation period for one month and other thing is they almost cheated with me. they are asking the notice period or money by saying that they invested me on training and selection process.

regards

rahul

Rahul (other) 26 June 2010

thank you for your prompt reply..

ya i had learnt a big lession form it. i dont want any certificate or reliving letter from them.

regards

rahul

Rahul (other) 26 June 2010

sir thank you for your support.

can you clear me few thing

1) do employee dont have any rights.

2) what if in case the employee is mis guided.

3) if in my offer letter there is provition period mention than what is more important the employement aggrement or the offer letter and do the offer letter do not stand any where.

regards

rahul

Adv.Aiyer VLV (Proprietor) 26 June 2010

Mr. rahul

employees do have rights. they are of 2 types.

contractual and statutory.

contractual you are to be on guard on what you agree. mostly when job was offered you are willing for any condition. it is like holding on to a wooden log, while on sea. later when you get a boat you throw out log. similarly it is then your eye looks into conditions you agreed which you think is bad.

statutory rights - your case is nothing to do with these. these involve certain protection in unfair contracts and working condition rights. mainly right to work itself is available.

an adult is supposed to know what he is doing. no one forced you to sign or prevented you to ask questions like this before acceptance of job.

probation is the training period during which you nay be not taken as employee permanently. that is different from termination or notice period.

regards