Resignation in a probation period - is notice period applicable
balaji
(Querist) 13 May 2016
This query is : Resolved
In an appointment letter ,
1.Your employment is terminate either side, by giving one month notice. In the event of your resignation , the company may at its discretion , relieve you prior to completion of stipulated notice period , without any pay.
2.No paid leaves shall be applicable during probation period . Salary for leave period will be deducted during this period. Paid leaves of 21 days per annum shall be eligible after 240 working days.
3.Appointed as a Finance manager. In the event of company absorbing you as manager , your probation period will be six months , subject to satisfactory performance , you will be provided with a confirmatory letter.
Point no. 1 Resignation after 66 days . i.e in Probation period -Without giving notice period . Salary is pending for 20 days with employer.
Point no. 2 Resignation given as employer is not providing salary payment as decided ( deducted for 2 days in the first month itself) , which was intimated to the employer. Also holding voucher payments. Also, employer was not providing the software training which is required for performing to Do the Job even after consistent reminders.
Point no. 3 Resignation , without serving a notice period. Mobile sim provided by the company, courier to the company after resignation and intimated .
Point no. 4 After providing the resignation there is no reply from the employer during the notice period for resignation nor any call recd. Only employer is mailing payslips for the two months to the employee during notice period.
Point No. 5- Appointed and Office in Maharashtra.
Point no. 6: Appointed as a finance manager and provided slip as a Accounts manager .
Question 1. Can employee has to serve a one month notice? or employer can ask him to pay balance 10 days notice pay.(30-20 already serve before resignation)
Question 2 . After providing the resignation, no reply from the employer, regarding any job pending nor for any handover of work, can any action lateron can be taken by employer in future .
Question 3. As employee is on probation, can notice period is applicable when less than 3 month he has work.
Kumar Doab
(Expert) 13 May 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Resignation-without-service-notice-period-597851.asp#.VzVhadJ97IU
Pls continue one thread and revert pointwise to points raised.
Other threads:
asked a query in Experts Agreed incetive as per appointment letter
asked a query in Experts Forceful early reliving from co . by waiver of notice pay (bonus amount and notice pay set off
asked a query in Experts Notice period waiver
asked a query in Experts Notice period pay
H.M.Patnaik
(Expert) 13 May 2016
Repeated Query.No answer.
T. Kalaiselvan, Advocate
(Expert) 14 May 2016
Expert Mr. Kumar Doab's observations may first be clarified for further clarification to your repeated queries.
Kamal Prasoon Sinha
(Expert) 21 May 2016
Appointment letter is a job contract between the Employee & the Employer. Parties concerned are bound to follow the terms & conditions. Not following the terms & condition would amount to breach of contract under Indian Contract Act.
1.) Any adjustment of the notice period is the prerogative of the employer.
2.) Your resignation should be intimated to the Employer in writing/email.
3.) You should request the Employer for Full & Final settlement as per the appointment letter in writing/email.
4.) Notice period is applicable during probation period if so mentioned in the appointment letter.
