Subbarao (othere) 20 April 2017

Notice period serving for software company

Hi, I have joined a software company in this month 12th . I have completed 1 week of service. Company is too small & don't have any processes So I would like to leave the company by this moth end. Till now I didn't signed any bond or any document.I have accepted their offer letter only

The clauses in apointment letter are as follows .

Your employment will be in probation for 6 months.You will have a review of your performance and overall skill development assement at the end probation period.If your performance is satisfied your emplyment will be confirmed.During your probation you will not be entitled to leave with a pay or other preveliges or benifits or any other payments.which may be alloble permanet staff.
One monthe is the minimum notice period from the date of your accepantce of the regination .Your date of regination should be mutually accepted by your in line manger & Managment.In case of adequate notice is not given in lieu of such shortfall in notice pay from the full & final settelment of your dues.On your regination during the probation period at its sole discrection has the right to maintain or wavie of the notice period in full or patral without any extra pay

I dont want to serve the notice period so I want to get releaved in a day or two. Please suggest on the below questions

1. Is it necessory to serve the one month notice period in probation period?

2. Is there any alternate option if I dont want to serve the notice period ? If required I am ready to woek for them remotely.

3. Is it enough if I send a resignation through email ? or Is it necessory to disuss with them in person face to face?

4. Idon't want any releaving letter (to make sure there there will not be any legal issues)

5.Can you please provide regination letter template for not occuring leagal issues

Please suggest.
Thanks & Regards

SubbaRao

Reply Follow

5 Replies

Kumar Doab (FIN) 20 April 2017

You are in which state?

What is your designation and nature of duties?

Are you a member of IT/ITeS employee’s unions, Trade Unions?

Subbarao (othere) 20 April 2017

Telangana

Software Testing

Kumar Doab (FIN) 20 April 2017

You have erred by not being a member.

Kumar Doab (FIN) 20 April 2017

The ID Act does not lay down any Notice period for employee.

The THE ANDHRA PRADESHSHOPS & ESTABLISHMENTS ACT:47, does not lay down any Notice period for employee. IT lays down notice period for termiantion, as per length of service for employer. ( 30days if employee has worked for not less than 6months)

BY equitable discretion also in your case notice period should be NIL.

Ritesh Maity (Labour Law Advocate) 21 April 2017

1. Is it necessory to serve the one month notice period in probation period?

If there is provisions of one month's notice period during probation in your offer/ appointment letter, then you are required to serve such notice period.

2. Is there any alternate option if I dont want to serve the notice period ? If required I am ready to woek for them remotely.

If you do not want to serve the notice period, you may pay the company in liue of the notice period. Only if the company allows you to work remotely, then you may do it. It is up to the company to decide.

3. Is it enough if I send a resignation through email ? or Is it necessory to disuss with them in person face to face?

If sent through official email, make sure you CC it to some personal email account and also take screenshots of relevant interactions. It is advisable to send your resignation through registered/ speed post.

4. Idon't want any releaving letter (to make sure there there will not be any legal issues)

By not wanting any releaving letter, there can be no guarantee that there won't be any legal issues.

5.Can you please provide regination letter template for not occuring leagal issues

No template can save you 100% from any legal issues. It is better to discuss with a lawyer with all documents to get the resignation drafted in order to minimize the legal issues.