Joined ltd company on probation but did not serve notice

If you have submitted notice of resignation/resignation by post send a copy again.

Submit resignation and close the matter.

The condition of notice period of 30days and mandatory service of notice period may/may not be neccessarily applicable in your case, subject to enactments that apply to establishment and your designation.

You have not posted details of your designation, nature of duties, establishment, standing orders   etc etc

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing ( Noted; under probation period) ?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Did company issue/supply you any memo/notice/SCN etcetc?  

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Only your company can solve your riddle, not the experts here. Follow the terms of your appointment, contact the concerned qwuthorities, enter in to correspondence with the management and only after that come forward, if you really feel any problem created by the management.

Post reply pointwise , without any hesitation and we will discuss the issue.

Hi Kumar,

      Thanks for your response and the answer to your queries is mentioned below :-

While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? Commercial

What is its nature of business say; IT, ITeS? How many persons are employed in it? IT 

What is your designation and nature of duties? How many persons report to you? System Engineer (Nobody reports to me, just joined 2 weeks back)

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No

You are in which state? West Bengal

Since how many months you are working? 2 weeks 

Are you under probation period or your service is confirmed in writing ( Noted; under probation period) ? Probation period

  Do standing orders (model/certified) apply to establishment and your designation? Dont know

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? 1 month in probation period and i have not yet resigned and is on leave on medical grounds 

Was ever any stinker, memo, show cause notice on any misconduct issued to you? No

Does the establishment have its appraisal system? Dont know

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? No

How was your performance? As i said just joined about 2 weeks

Are you a member of employee’s/trade unions?   No

Did company issue/supply you any memo/notice/SCN etcetc?  No

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………? Offer Letter given by mail but i havent yet tendered my resignation and salary for the last week has been deposited to my account by payroll, what should i do in that case

Thanks,

Originally posted by : Subhrashis Dey
	Hi Kumar,         Thanks for your response and the answer to your queries is mentioned below :- While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? Commercial What is its nature of business say; IT, ITeS? How many persons are employed in it? IT  What is your designation and nature of duties? How many persons report to you? System Engineer (Nobody reports to me, just joined 2 weeks back) Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No You are in which state? West Bengal Since how many months you are working? 2 weeks  Are you under probation period or your service is confirmed in writing ( Noted; under probation period) ? Probation period   Do standing orders (model/certified) apply to establishment and your designation? Dont know What is notice period as per appointment letter/offer letter and what was notice period tendered by you? 1 month in probation period and i have not yet resigned and is on leave on medical grounds    Was ever any stinker, memo, show cause notice on any misconduct issued to you? No Does the establishment have its appraisal system? Dont know Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? No How was your performance? As i said just joined about 2 weeks Are you a member of employee’s/trade unions?   No Did company issue/supply you any memo/notice/SCN etcetc?  No Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………? Offer Letter given by mail but i havent yet tendered my resignation and salary for the last week has been deposited to my account by payroll, what should i do in that case   Thanks,

"Do standing orders (model/certified) apply to establishment and your designation? Dont know"

Find out.

Was any copy supplied to you/

Did the appointment letter issued to yuo make any mention on it?

The Employee's/trade unions in West Bengal have traditionally been strong.

Now there are IT-ITeS Employee's unions and embraced by trade unions. 

Take their help.

If employee is sick it is  not misconduct.

If employee has informed employer of sickness it is NO misconduct.

However employee should inform by effective mode of communication e.g; email/letter by Redg. post and mention if prior information was given by say; phone call/SMS/in person etc etc and mention phone numbers/names/date/call time etc etc..........

If it is long leave and medical certificate by Dr. is required then it may be attached...........

Copies and POD be carefully saved.

Do you have any assets of company with you?

Submitting resignation is not misconduct.

Submitting resignation while on leave any leave is not misconduct.

However resignation should preferably be submitted under proper acknowledgment.

Employee should try level best to tender some reasonable notice if possible and handover the charge/assets etc under proper acknowledgment.

You might be covered by the def. of 'Workman' as in ID Act. The Act does not lay down any notice period for employee.

You might be covered by the def. of 'Employee' as in The West Bengal Shops and Establishments Act. The Act does not lay down any notice period for employee.

It lays down notice period for employer.

By equitable discretion the notice period for your length of service might be NIL.

Go thru:

The West Bengal Shops and Establishments Act, 1963; 15

https://www.commonlii.org/in/legis/wb/act/wbsaea1963359.pdf

The Shops and Establishments Act was enacted to govern the service conditions of employees working in such establishments............

The employer can offer and provide superior conditions that provided for  in the Act (and beneficial) but not inferior.

The T&C drafted by employer and signed with employee in any private agreement/contract/rule/policy etc etc e.g; appointment letter that is violative of applicable enactments, is VOID.  

Check if local state govt as per its IT or any other policy/power has granted any exemption from standing orders or not and also if standing orders if applicable were certified or not...................and come back! 

And confirm if your designation was coverd by certified standing or not!

Employer is under obligation to display and also provide authenticated/certified copies of standing orders even if against some nominal charge say; Rs.10/--

In the meantime go thru:

Model Standing Orders;13.

The notice period during probation period is NIL...........