Notice period & probation
GURUPRASAD
(Querist) 30 June 2016
This query is : Resolved
Hi, after six months of probationary company wanted to extend the probation for another 2 months, as it was 6 months which i completed.I have resigned job saying since my performance not satisfied to you. But company is asking me serve notice 3months as per Agreement, but in the agreement they have not mentioned the cause if we leave within six months.
Can i have any right to leave immediate with proper relieving letter as per labour law.
Kumar Doab
(Expert) 30 June 2016
>>> What is the notice period applicable in probation Period and inserted in the agreement mentioned by you?
What is issued to appointment letter or agreement?
Which cause you are pointing out and is not mentioned in agreement?
>>> While initiating such query the author should post full information so as to opine if the notice period of 90 days inserted by employer in private agreement drafted by employer and signed with employee......................e.g; appointment letter, contract of employment, HR policy etc etc ..............
e.g;
Have you been issued with appointment letter?
What is your designation and nature of duties in offer/appointment letter and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?
You were in which state?
What is this establishment; Commercial/Industrial ( Mere mention of company is not sufficient)?
What is its line of business e.g; IT company?
Does it have Certified/Model standing orders and does it apply to your designation? ( If yes confirm it is (Model/certified).
Are you a member of employees/trade unions?
What was your last drawn salary in Rupees?
You were under probation/confirmed ( Noted: Company wanted to extend probation. Did it extend in writing? Is it stated that you will be confirmed only if communicated in writing?)
Did you get salary slips of all months, acknowledgment of notice/final resignation and acceptance, FnF statement showing computation of all payables by company e.g: wages/bonus/leave encashment/incentives/reimbursments etc and all payables by you e.g; notice pay and net amount payable by company or you, PF a/c number and a/c slips, ESIC card,Form16 as per correct FnF statement , service certificate, relieving letter (with good comments), NOC/NDC, handover of charge/assets etc?
You have worked for how many months?
How many persons are employed in it currently and what was max. no. at any time?
Has your FnF been settled by old company?
Were you asked to handover charge/assets by old company?
Have you signed any service agreement? If yes the service agreement was drafted in lieu of what favor by the company to YOU?
We are trying to help you.
So post reply to all points, pointwise.
Rajendra K Goyal
(Expert) 30 June 2016
Refer your appointment terms to get whether notice period is applicable in your case or not.
adv.bharat @ PUNE
(Expert) 01 July 2016
Your appointment letter have TOR for you appointment as per that you can proceed.
Kumar Doab
(Expert) 01 July 2016
The ACT/statue/instrument of law that is applicable to author (employee) and establishment/employer shall prevail upon any private agreement drafted by employer and signed with employee e.g. appointment letter or so called TOR, contract of employment, any other agreement................
The author may reply pointwise to all points so that it can be determined If the ACT/statue/instrument of law is applicable. if applicable then the so called appointment letter or so called TOR may not be even worth the piece of paper on which it is written.
GURUPRASAD
(Querist) 01 July 2016
Dear Sir, Please find my replies as below
What is issued to appointment letter or agreement? - Employment Agreement (hereinafter refereed as agreement)in company letter head.
Which cause you are pointing out and is not mentioned in agreement? - If employee leaves within six months which is before probation not mentioned in the agreement, in the agreement under the heading Termination by either party - given as either party can terminate this Agg upon written notice to other party,termination would be effective after 3 months from the date of receipt of such notice.(hereinafter refereed as notice period) alternatively company may terminate employment immediately by giving one month salary. Meanwhile it was mentioned in the offer letter under the heading Training Bond saying co will be investing considerable amt in your training over the first six month of employment with the comp. if you decide to leave within 6 months of undertaking the training, entire training cost has to repay, deduction will be 50% if leaves 6-12 months. same will be made from F&F.in the offer letter - your ongoing employment will be subject to satisfactory performance of six month probation.
Have you been issued with appointment letter? - Yes it says Employment Agreement (hereinafter refereed as agreement)
What is your designation and nature of duties in offer/appointment letter and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations? - Sr Accountant Associate, perform various duties & undertake various responsibilities in line with the Job description provided which vary time to time as per employment agreement, I do not have power mentioned in question
You were in which state? - Karnataka
What is this establishment; Commercial/Industrial ( Mere mention of company is not sufficient)? - Commercial establishment
What is its line of business e.g; IT company? - Manufacturing furnitures
Does it have Certified/Model standing orders and does it apply to your designation? ( If yes confirm it is (Model/certified). - No
Are you a member of employees/trade unions? - No
What was your last drawn salary in Rupees? - 62K Jun16 salary but i am in notice period & they have agreed for 2 month notice
You were under probation/confirmed ( Noted: Company wanted to extend probation. Did it extend in writing? Is it stated that you will be confirmed only if communicated in writing?) - i was under 6 months probation, actually it was written in performance form & i have not signed that returned back to manager, next day i sent resignation email. now i am in 8th month & 7 months completed.
Did you get salary slips of all months, acknowledgment of notice/final resignation and acceptance, FnF statement showing computation of all payables by company e.g: wages/bonus/leave encashment/incentives/reimbursments etc and all payables by you e.g; notice pay and net amount payable by company or you, PF a/c number and a/c slips, ESIC card,Form16 as per correct FnF statement , service certificate, relieving letter (with good comments), NOC/NDC, handover of charge/assets etc? - Salary slip i have all the months,acknowledgement i got saying final working day.still not relieved hence no F&F until get relieved
You have worked for how many months? - 8th month running currently
How many persons are employed in it currently and what was max. no. at any time? - 166 employees, i think this the max working currently.
Has your FnF been settled by old company?- yes my old company settled f&F
Were you asked to handover charge/assets by old company? - there only one month notice was there i have worked more than 8 years there & i handed over the charge to manager.
Have you signed any service agreement? If yes the service agreement was drafted in lieu of what favor by the company to YOU? - No service agreement signed except the offer letter & employment agreement.
My do i really need to serve 3 months or what ever the period as notice. since my probation not confirmed by company. i am under notice period of 2 months which they have agreed in email by stating last working day.
After resign they came back if we confirm, will you stay back. i said no.
Pls advise me, i have given all the points which you stated.
Kumar Doab
(Expert) 01 July 2016
The impression from limited information is that you might be covered by the the ACT/statue/instrument of law that is applicable to author (employee) and establishment/employer
“Termination by either party - given as either party can terminate this Agg upon written notice to other party,termination would be effective after 3 months from the date of receipt of such notice.(hereinafter refereed as notice period) alternatively company may terminate employment immediately by giving one month salary.”
The T&C of the said agreement is arbitrary, not equitable, detrimental to employee/not favorable to employee, weigh towards employer.
If it is 30 days for employer then it should be 30days from employee!
If you have worked for 6 months then it should be 30days notice period.
“Training Bond saying co will be investing considerable amt in your training over the first six month of employment with the comp. if you decide to leave within 6 months of undertaking the training, entire training cost has to repay,’
What training? Did it add to your qualification or some extra ordinary skill?
The training to employee so as to enable the employee to handle the counters of employer should be without any cost to employee.
“same will be made from F&F.in the offer letter “
You have given the consent to deduct from FnF!
“Does it have Certified/Model standing orders and does it apply to your designation? ( If yes confirm it is (Model/certified). – No……………………………………………..’ 166 employees, i think this the max working currently.”
Why so? Has the state granted exemption?
“actually it was written in performance form & i have not signed that returned back to manager
On the basis of which parameter/scale it was written?
“After resign they came back if we confirm, will you stay back.”
Is it on record (audio/visual/witnessed/minuted by you/written)? Implies that the appraisal was discriminatory, wrong!
“Are you a member of employees/trade unions? – No”.
You have grossly erred.
“ i am under notice period of 2 months which they have agreed in email by stating last working day.”
Negotiate and bring it down to 30days and close.
If you are unable to resolve by your own skills lean on your able counsel.
Dr J C Vashista
(Expert) 06 July 2016
Very well advised by expert Mr. Kumar Doab.
