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Discussion > Labour & Service Law > Employment > Leaving Job Within Probation period   Unanswered Threads Post New Topic

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There are 10 Replies to this message


Sumit


A.M.
[ Scorecard : 30]
Posted On 26 May 2011 at 00:31 Report Abuse

 

I need the advice on leaving job within probation period...

I left the job within probation period, I had send resignation mail to my employer saying that I want to resign due to personal reasons and gave them 10 days to find another employee for the same. 

After 10 days i stopped going to office, now today I have received registered noticed from my employer

Saying that " I need to report to office withing 24 hrs of this notice as I have to serve the notice of 2 month  as per appointment letter"

I would like to mention the points below that were mentioned in appointment letter.

1. Your Probation period shall be of six months.

2. Your employement will be subject  to termination by the employer by giving you, thirty(30) days notice in writing or notice pay equivalent to one(1) months basic salary in lieu of such notice.

3. Leaving the organisation, one has to serve the notice period of 2 months and the waiver of the same is at the sole discreation of the company in lieu of one month salary.

4. Resignation from the serives is subjected to the acceptance of the same by your reporting authority.

Now my questions are

A. If I resign in probation period do I need to serve complete 2 month notice period as mentioed in appointment letter.

B. If I, as mentioned above, leave job in short notice, a I suposed to compensate employer with 1 month salary

C. Will there can be any legal implication on this, as I have received Formal registered Notice from employer.

D. How to revert on this notice received from the employer..



Upendra


A
[ Scorecard : 62]
Posted On 26 May 2011 at 09:23 Report Abuse

Dear,

I have faced a similar problem as yours but in my appointment letter it was written that during the probation period only 1 month notice period has to be given which i dint and now i have to pay 1 month salary, whereas in your case as you have mentioned according to your appointmnet letter its not written that you have to give 1 month notice instead its given for 2 months, so you better get confirmed what is written in the Appointment letter again. If its 2 months then you have to pay them 2 months salary, also consult someone elder in your family or a lawer if you dont have any elder to help you out as they have asked you to come within 24 hrs so you must reply them but gently.

Dont worry you will get very healthy and fruitfull suggestions from expert here, i have only metioned waht i was told by experts here and doing as they said.Everything willbe fine just face it.

Upendra


Sumit


A.M.
[ Scorecard : 30]
Posted On 26 May 2011 at 10:15 Report Abuse

Hi Upendra

Thanks for your reply.

but I would like to add, as far as I have checked the opinion of expert, 2 month notice is applicable only for permanent employees.

employee on probation period does not require to serve complete 2 month notice, normally it is 7-15 days notice or applicable will be clause of termination in this case.

In my case clause of termination says that I can be terminated with 1 month notice only, same will be wise versa. I can leave job with 1 month notice or notice pay equivalent to 1month basic salary.

But I need expert advice before i APPLY TO THIS NOTICE GIVEN TO ME..

Sumit


S.P. Singh


Legal Professional
[ Scorecard : 51]
Posted On 27 May 2011 at 18:20 Report Abuse

As per labour law in case you leave at your own with any time of notice then you have to compassionate your one month salary where as if you ghive two month notice then you will get your full pay till you served.  As regards to reply to the notice you may reply that the employer may deduct one month pay as you are leaving job prior giving any notice.



Total thanks : 1 times

Kumar Doab


FIN
[ Scorecard : 17972]
Posted On 27 May 2011 at 21:13 Report Abuse

Notice period of 2 months during probation period is not reasonable.

The clauses in the appointment letter are heavily weighed towards employer whereas for separation/termination of contract employer should have given equality.

You may send a gentle communication expressing that one month notice pay may be adjusted in your F&F and in case of a shortfall you shall deposit equivalent amount in cash.

There is nothing wrong in meeting, but go prepared and submit the minutes after meeting under acknowledgment.



Total thanks : 1 times

Sumit


A.M.
[ Scorecard : 30]
Posted On 27 May 2011 at 21:31 Report Abuse

Sir

I would like to add that , after giving resignation on 9th May I have gone to office till 13th May, it means 9 days I have gone to office after giving them resignation...

Now if I have to compensate the company should I compensate for 30-9 days=21 days, or for complete 1 month, irrespective of the days I went to office.

will the days I went to office after resignaton will be counted or not..? 



Total thanks : 1 times

S.P. Singh


Legal Professional
[ Scorecard : 51]
Posted On 29 May 2011 at 13:46 Report Abuse

 After rendering the registation on what ground  you had gone  to office volunteerily ,is not understood however no question of paying you for 9n dys  to you  but you have to forfiet one month pay and you can not claim it as per your appointment letter.  Due to lack of substance  it is not adviseable that you should challenge the compy policy in the court. of law on this ground.


Kumar Doab


FIN
[ Scorecard : 17972]
Posted On 29 May 2011 at 14:46 Report Abuse

You have tendered your resignation and asked the company to find your replacement in 10 days.

Did you mention that your resignation shall be effective after ten days from its submission?

Your company allowed you to work for 10 days/ or obtained your services for 10 days.Did you mark your attendance for these 10 days as usual, and attended to the work and sent emails or received communications? Do you have record of these 10 days? You shall need this record.

You may lodge your cliam and let the company reply to it.

Based on their written response you can decide your action.
 


PS Dhingra, dcgroup1962@gmail. I am Online


Principal Consultant
[ Scorecard : 34649]
Posted On 20 July 2011 at 09:46 Report Abuse

Dear Sumit,

 

At this this is not the time to question the validity of two months' notice period on the part of the employee as against the one month's on the part of the employer. The present stage is to consider the what you were required to do and what you have done in view of the conditions of appointment letter, which are deemed to have been accepted by you on accepting those terms by joining the organisation.

 

Further, it all depends upon the language of your resignation letter. However, even if it is presumed that you have given the management 10 days' notice for resignation and you attended the office only for 9 days. The position goes totally against you. At first, you become liable to compensate the company with the salay equivalent to 2 months MINUS 9 days of your working period.

 

Secondly, the company can take disciplinary action against you for unauthorised absence without having got your resignation accepted and getting yourself formally relieved from your assignment. An employee, once appointed at some job, has to oberve master-servant relations and adhere to some set principles of discipline in the organisation. He cannot act arbbitrarily during his employment.

 

NOW COMING TO YOUR QUESTIONS:

 

A. If I resign in probation period do I need to serve complete 2 month notice period as mentioed in appointment letter.

 

- YES, SINCE YOU ACCEPTED THE TERMS OF APPOINTMENT WITHOUT ANY OBJECTION AT THE TIME OF YOUR JOINING THE ORGANISATION, YOU WERE NEEDED TO SERVE 2 MONTHS' NOTICE FOR RESIGNATION.

 

B. If I, as mentioned above, leave job in short notice, a I suposed to compensate employer with 1 month salary

 

- YOU BECOME LIABLE TO COMPENSATE THE COMPANY WITH 2 MONTHS SALARY LESS THE DAYS OF WORK YOU ATTENDED DURING RESIGNATION PERIOD.


C. Will there can be any legal implication on this, as I have received Formal registered Notice from employer.

 

- OF COURSE, THE COMPANY CAN NOT ONLY RECOVER LEGALLY THE AMOUNT EQUAL TO THE PERIOD SHORT OF NOTICE PERIOD, BUT ALSO CAN SEEK DAMAGES TO BE RECOVERED FROM YOU ON ACCOUNT OF ANY LOSS SUSTAINED TO THE COMPANY DUE TO ANY JOB REMAINING UNACCOMPLISHED DURING YOUR UNAUTHORISED ABSENCE. BESIDES, THE COMPANY CAN ALSO TAKE DISCIPLINARY ACTION AGAINST YOU FOR YOUR UNAUTHORISED ABSENCE AND JOINING SOME OTHER JOB WITHOUT FORMALLY RELINQUISHING THE PREVIOUS JOB.


D. How to revert on this notice received from the employer..

 

BETTER APPROACH THE COMPETENT AUTHORITY WITH HUMBLE REQUEST TO CONDONE THE NOTICE PERIOD CONDITION TO RELIEVE YOU OF THE RESPONSIBILITIES OF THE JOB JUST WITH SOME MODERATE COMPENSATION.


ujasss@gmail.com


ujasss@gmail.com
[ Scorecard : 58]
Posted On 29 July 2011 at 14:24 Report Abuse

 

Hi

I need your help on this topic related to 'Resignation during probation period'.

Please post your reply. It would be really kind of you.

http://www.lawyersclubindia.com/forum/details.asp?mod_id=41440&offset=1

 

Regards,

Ujas



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