LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rounakb (none)     09 September 2012

Termination of services without notice period on probation

Dear team,

I was on a 3 month probation period with my previous employer. I quit the job without serving any notice period, since there is no mention of a notice period on my offer letter, neither was it discussed at the time of joining. Recently, I was recruited by a large MNC website. However, during a background check, my employment with the new company was terminated as my previous employer said that i had not served a 30 day notice period and hence they would not provide a relieving letter.

Considering that there was no mention of a notice period on my offer letter, could I take take legal action against my previous employer , as it has resulted in me losing a superb offer.

 

Regards

RB



 3 Replies

Kumar Doab (FIN)     09 September 2012

You can agitate.

Did current  employer issue any offer letter, appointment letter, terminate your employment in writing and citing any reason and di you submit any joining report?

Did  current employer mention in writing even if by email that durng background check past employer has levelled a charge?

Is it mentioned in appointment letter that background check shall be conducted and in case of adverse comments appointment can be terminated?

You should apply your resources and obtain a written communication from current employer on background check and refusal of providing relieving letter by past employer.This shall add force to your claim.

You may approach a competent and exerienced labor consultant/service lawyer with all documents and give inputs in person.Your counsel shall evaluate the merits and firm up the forum which can be approached and may prfer to issue legal notice.

Valuable advice of learned experts/members is sought.

V. VASUDEVAN (LEGAL COUNSEL)     09 September 2012

Reference with the previous employer and revocation of offer/appointment by the new employer has become a menace for employees and such a practice is totally unethical. In fact the IT/BPO Companies has a blocking system as an official channel for affecting the life of such hapeless employees. Please post your query in the expert's forum and I am sure

our learned experts would provide a apt solution.

In the instance case, the exchange of communication if any ought have taken place between your previous employer and your new employer and hence agitation would only affect your reputation. Meet the employer's senior team and try to get an amicable solution - as the first step. If this fails - file an application with the labour inspector of the concerned labour department where your previous employer's establishment is registered and apply for relieving letter.

Vasudevan

Kumar Doab (FIN)     10 September 2012

Mr. Vasudevan has given valuable advice.Kindly follow it.

There has been agitation aginst the exemptions granted to IT/ITES companies in Karnataka.

Employees form a very big vote bank in all trades including IT sector.Employees need to unite, and force respective state govt. to withdraw the exemptions granted from Industrial Employment Standing Orders Act, ID act etc.Untill employees unite and agitate and highlight thier plight in media no govt. shall be moved.

The exemptions have emboldened the employers to supress, harass, exploit the employees.

A time may come when parents may refuse thier wards to obtain education in IT.


Attached File : 745686989 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc downloaded: 59 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register