Anita 28 October 2015

Resignation during propbation period

Pls suggest action for my query :

Case :I have resigned from my previous org on 08/09/2015 giving 20 days notice & my last day at work was 28/09/2015.
I have already sent exit documents to HR on first week of October.(exit papers were sent by HR to me via email on last day of my work at 1800 hrs, may be to ensure that I do not get clearance from anyone & the process gets delayed further) I have asked him while submitting my resignation letter regarding the relieving formalities & relieving papers - for which HR had smilingly said that he will be giving my relieving paper on my last day. & later on the last day, HR remembers that there is no relieving paper for employees in probation period. I ACCEPT THIS, SINCE IN MY CURRENT ORGANISATION THEY HAVE ALREADY ACCEPTED ME WITHOUT RELEIVING PAPER & HAVE TOLD THEM BEFORE JOINING THAT I CAN ONLY PROVIDE ACCEPTANCE OF RESIGNATION LETTER MAIL.

Now after a month of resignation, when I ask for my Full & final salary settlement for September, HOD says they need a proper detailed handing over, I have already informed our HOD the very day of resigning, that I will be clearing my invoices first since I have only worked for 4 and half months there & expecting me to clear old invoices of 2013-14 is a way too much. What were the old ex-employees did during their clearance ??? How did they got cleared without clearing their old invoices. I have not kept any of my work pending.

I HAVE ALSO TOLD MY HOD THAT I WILL BE HAPPY TO GIVE PROPER HANDING OVER IF ANYONE TAKES UP MY EXISTING JOB IN HAND.

IF AN ORGANISATION CANNOT GIVE RELIEVING PAPER DURING THE PROBATION PERIOD, HOW CAN THEY EXPECT ME TO PROVIDE DETAILED HANDING OVER.

KINDLY SUGGEST WHAT SHOULD I DO TO TAKE MY SALARY DUES.

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6 Replies

Anil Upadhyay (Lawyer) 28 October 2015

please give details of your appointment letter and let me know what are the conditions for termination or resignation in probation period.

Anita 28 October 2015

Notice period during probation in the appointment letter says 30 days. But my resignation letter was accepted for 20 days by email from HR. & no handing over is mentioned in the appointment letter as such.

Anil Upadhyay (Lawyer) 28 October 2015

Dear Anita, acceptance of resignation means that they accepted your resignation, in other words they confirmed that you have resigned.

Tell me is there any other condition in the appointment letter in absence of 30 days notice or in mail HR confirmed that you are relieved on 20 days notice and there is no requirement to serve 30 days??

Thanks

Anita 28 October 2015

No other conditions mentioned for probation period other than 30 days notice(neither in appointment letter nor in acceptance mail of resignation letter)

Anil Upadhyay (Lawyer) 28 October 2015

Send scanned copy of Appointment letter if possible.

Kumar Doab (FIN) 28 October 2015

The 20days notice period tendered by you was found sufficient by employer and your notice and resignation was accepted.

It was obligation of employer to supply the requisite forms if any well in time.If it did not then it is thier fault.Your LWD was duly accepted.

The invoices are raised in the name of customers and stock is supplied to customers and customer is to make the payment.

The 30days of notice period even if inserted in appointment letter may not neccessarily be applicable to you.

Look into Model Standing Orders;Sec13, if these apply to establishment and you::::: Notice Period during probation period is NIL.

Look into Shops & estbs Act, if it apply to establishment and you:::: Notice period is per length of service and for 4.5 months it may be NIL or say 7/14 days .....................

Draft carefully a suitable reply and submit by preferably a letter addressed to good offices of appointing authority,MD etc............