Notice period during 6 months of probation

As per the employment contract at th e time of leaving through  resignation either party may give the other party one month notice or one month pay in lieu of notice. Therfore youneed to pay only one month salary in lieu of  one month notice.

                   After iasuing a due legal notice to them you proceed  for your legal remedies in Labour court.

Agree with the expert and even In have communicated the same.

The facts, as posted, reveal that the termination of employment was because of the employer, not the employee; he latter had resigned because of circumstnaces beyond her. As such, the employer is neither fair or resonable in making a demand upon the employee under the pretext of Notice period. The company is unlikely suceed if they seek to legally enforce the demand. Every condition in a contract is required to applicable in fair weather.   You may inform the company accordingly, preferably through a lawyer.

Except in certain cases, you must inform your employer in writing two weeks before beginning a pregnancy or parental leave. You must also provide your employer with four weeks written notice if you are changing the end date of your leave.

NOTE: After starting pregnancy or parental leave, you must take it all at once and cannot split it.

Originally posted by : Ramya
	Dear Forum, Myself Ramya, I joined infrastructure based company in Bangalore on 10.04.2017, and continued working upto 30.04.2017 due to medical emergency I had to be on rest as per Doctor prescriptttion, I couldn't resume my work from 02.05.2017 I had requested HR team for leave upto 18.05.2017 but there was no response from their side and later as per doctor consultation I had to again rest upto June 30, 2017 again when contacted via mail (letter from the doctor (gynocologiest)) was attached) HR team they did not respond, again I had to call them to which they said I have joined a month back and as per company policy leaves cannot be permitted or there is no work from option and you will have to take a call. Hence I had to resigne since ther was no work from home option \  leave with effective from 11.06.2017. For May 2017 they had paid Rs 16712.00 as salary. I forgot to go through my notice period (due to medical emergency) caluse in offer letter which states as "Probation: You will be on probation for a period of 6 months. In case your performance does not meet the desired level, the probation period will be extended, in writing, for an additional period of 3 months. During the period of probation, either party may terminate employment with notice of one month or pay in lieu of notice, with or without stating any reason whatsoever." They also didnt respond to my resignation mail until 14.06.2017 which I had sent to them on 11.06.2017 also no one informed me about my notice period. Now They are demanding Rs 32383.00 to be paid by me inorder to get relieved from the company. My concer is I dont have any source of income right now except the salary which I received from the company for May 2017 (which I will pay back to them) additional 15671.00. Kindly anyone inthis fourm please help me on this issue. Thank you

You seem to have worked for 20 days only.

Falling sick is NO misconduct.

Usually sick leave, more so supported by medical certificate, is not refused.

However resignation was not demanded from you and with tongue in cheek style you were asked to take call and you resigned.

Notice period is duly inserted in appointment letter issued to you and signed/accepted by you.

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,?

Notice period of 30days may not be neccessarily applicable to you, if you and establishment are covered by enactments laying down notice period.

Or 

if applicable you may request the employer for waiver.

Reply to all points pointwise.

Dear Sir/Madam,

I joined organisation on 10th May'2017  as Sales officer and submitted my  resignation with immediate effect on 8th June'2017.

I don't require any relieving letter from their organisation.

I don't want to claim my 8days salary as well.

Now organisation is sending legal notice  asking me to pay Months Salary

Probation period of 6months,according to offer letter Clause 6

CLAUSE 6: In case you wish to resign from the service,the Notice Period should be of minimum 1month otherwise salary and TA/DA of the respective month will not be paid

Kindly advise at the earliest

Thanking you

Dear LCI Querist @ Mr. Satish S,

The clause posted in the manner by you does not specify if notice period is applicable is Probation Period or not.

Notice period is part of service conditions and covered by various enactmnents applicable to establishment, employer, employee.

If you and establishment is covered then clause on notice period may not neccessarily be applicable in your case and may be VOID.

Reply to all points mentioned in my 2nd post in this thread under:

While posting such queries employee should post basic information!

................

I will help and support you.

Samne Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=151980&offset=1