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kumar (tester)     19 February 2014

Regarding notice period

Dear all,

I have  problem regarding notice period.

I have left my company after 10 days of joining, the company absconding me and want 3 months salary as his norms of company. But I am not financial able to do this, can company take any legal notice on me. they sent a letter to me and tell me in letter submit 3 month salary within 10 days. what can do can anybody help me?

my probation period is 1 year

Thanks



Learning

 2 Replies

Kumar Doab (FIN)     19 February 2014

Employers are averse to such employees who leave after ………………………10 days and go to extreme lengths to set an example. You can expect a stern action from this employer.

The recruiters are also averse to candidates who separate after 10 days.

Employee should run a thorough check before accepting the offer and joining an establishment.

3 months notice period during probation period may get termed as unreasonable.

Notice period does not depend upon offer/appointment letter alone.

If standing Orders (Certified/Model) are applicable to the establishment and extended to your designation then you may demand the certified copy to be supplied to you by redg. Post only.

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

Model Standing Orders being statutory in nature supersedes the terms and conditions contained in the letter of the appointment

Model Standing Orders lays down notice period in case of a probationer as NIL. The employer is bound to ensure faithful observance of the standing orders.

 

13. Termination of employment:

  

(2)           No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationeror badli shall be entitled to any notice or  pay in lieu thereof if his services are terminated…………

 

17.           Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

 

 

 

There are many threads on similar queries that you may find relevant e.g;

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwSuKEeBmXU

 

 

T. Kalaiselvan, Advocate (Advocate)     19 February 2014

You may follow the advises of Mr. Kumar Doab on the subject, which will be a perfect solution to your problem.


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