Notice period

Were you a Trainee? Were you appointed Trainee under some Training Programme under managements Standing Orders or Apprenticeship Act and Rules under the Act….…… ?

Were you under Probation?

Is it a Factory? YOU were in which dept?

YOU may check if your dept. is covered by Shops and Commercial Establishments Act of your state or by Factory Act?

The Notice period of 1 month during Training or Probation may be unreasonable.

If standing orders are applicable to the establishment and extended to your designation and if you are not a confirmed employee then Probation Period in your case may be NIL.

If standing orders are not certified then Model Standing Orders shall apply.

You may go thru; Sec13(2)……………

The employer can waive of the notice period by its sweet will also.

I am joined as confirmed employee but during induction nothing was mentioned, they said it will treat as absconding case. And i was in training only, actual work was not started. So many other people left same way. I dont knw about them.

If you joined as confirmed employee then :the notice period and notice pay in lieu of notice period applicable to a confirmed employee should have been stated in appointment letter issued to you, HR Policy-service rules and regulations mentioned in appointment letter , standing orders applicable to the establishment (certified/model0  and extended to your designation. YOU may check it. If it is 1 month then you may comply.

You can request the appointing authority, MD to waive it off.

You can write back to supply you the correct FNF statement showing all payables to you by company and by company to you and net amount for verification and acceptance by you, along with service certificate, relieving letter, Form 16 as per correct FNF statement, PF number-a/c slips, ESIC Card, acceptance of resignation by redg. Post only and you shall send the payment by cheque.

Since company does not want to provide all these docs your letter may put up the matter on Shut Up mode.

Regarding the threat of declaring you ‘Absconder’ you must specifically mention that you have not absconded and you have properly resigned by submitting resignation and may attach copy of it.

Absconder is a derogatory term and you may vehemently object to it.

If you are unable to handle the matter on your own, let our lawyer handle it.

yes i have sent a proper mail to them that due to my health issue i could not continue ( bcoz its night shft job). And i haven't received my appointment letter too, i have left the organization before receiving it. Even in letter nothing is mentioned that i m in probation or a confirmed employee.

IN your 2^nd post you have mentioned that you were a confirmed employee.

In your 3^rd post you have mentioned that you were not issued appointment letter and did not receive it during employment…………………..

If appointment letter was not issued defining service conditions then notice period/pay should not apply to you.

You have resigned citing health issues and you may give reference of resignation email to claim that you did not abscond and reference of no appointment letter was issued hence period/pay should not apply to you…………………………….and you may also demand standing orders (Certified/Model) applicable to the establishment and offer to pay reasonable fee say Rs.10/ or  other reasonable amount by Redg. Post…………………………

If it is not clearly stated that you were a confirmed employee then as per Model Standing Orders: Sec13 notice period during probation etc is NIL………………

Notice period is also stated in (Name of your state) Shops and Commercial Establishments Act and for service period of 2 months it may be NIL. You may check at your end and if your office is cover by this Act you may quote the relevant section……………………….

Still If you are unable to handle the matter on your own, let our lawyer handle it.