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Discussion > Labour & Service Law > Employment > Resignation on probation period without notice   Unanswered Threads Post New Topic

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There are 8 Replies to this message


Saurabh Sharma


AM
[ Scorecard : 32]
Posted On 11 August 2012 at 22:14 Report Abuse

HI

My wife has resigned on 3rd August 2012 on the probation period without serving notice period. She gave resignation on medical grounds. Now, the management is denying to pay for the month of July 2012 saying that she has not serve the notice period of 30 days mentioned on the offer letter. Kindly let me know if any legal action can be taken on behalf of the company.

Please note before giving resignation, my wife asked for the leave due to medical reasons however manager deny to approve the leave. But the conversation for leave happend over the phone.

 

Thanks & Regards

Saurabh Sharma



ramachary64@gmail.com


Practicing lawyer in High court judicate at Hyderabad, Telangana State mobile no:9989324294
[ Scorecard : 9164]
Posted On 12 August 2012 at 09:05 Report Abuse

Notice would have given to the management. So that management will take steps for alternate arrangements for the routinal functions in the office. OR if seriousness of medical grounds has to be consider by the management and act accordingly.


Kumar Doab


FIN
[ Scorecard : 19793]
Posted On 12 August 2012 at 10:46 Report Abuse

Employee should always submit leave application and follow up email that leave application due to sickness as advised by Dr....has been submitted and seek approval. Termination during sick leave can prove to be bad order. Refusal to grant genuine sick leave, with proper advice by doctor supported by diagnostic reports, can boomerang on employer.

Lady could have submitted notice of resignation and if it was not possible to serve the entire notice period due to sickness, could have submitted sick leave application.

As per terms of appointment letter notice pay shall be adjusted by employer in FNF statement and settlement. If after computing salary, incentives etc the amount payable by employee to company is higher than amount payable by company to employee, company can issue email/letter/notice/legal notice to recover the amount.

Lady may try by requesting the good offices of appointing authority, MD by letter under acknowledgment   by mentioning the facts “before giving resignation, my wife asked for the leave due to medical reasons however manager deny to approve the leave. On dated…….in office” and hence lady did not have any other alternative but to resign and request the good offices to waive off the notice pay and settle the dues and supply acceptance of resignation, service certificate, FNF statement, FNF payment, form 16, PF number/account slip/attested copies of withdrawal-transfer forms.

If the good offices accede to request it is all fine. If they don’t lady may request by letter under acknowledgment to supply her correct FNF statement and confirm by letter that on submitting the payment of FNF dues by cheque against acknowledgment on letterhead/receipt format with company logo and address with seal and signature of competent employee, acceptance of resignation, service certificate, FNF payment, form 16, PF number/account slip/attested copies of withdrawal-transfer forms, shall be supplied on the spot/by redg. post within …..days.

Lady should negotiate and settle the matter.

 


PS Dhingra, dcgroup1962@gmail.


Principal Consultant
[ Scorecard : 35231]
Posted On 12 August 2012 at 15:26 Report Abuse

Leave and resignation are two separate things and should always be formal.

 

Grant of leave is not a matter of right and is always at the discretion of the management.

 

On the other hand, resignation is governed by the terms of appointment, which your wife would have received at the time of her appointment. If the terms of appointment provides for one month notice period, she was required to serve notice for one month before relinquishing her job with formal orders of the management.


venkatesh Rao


Government Servant
[ Scorecard : 1764]
Posted On 12 August 2012 at 21:36 Report Abuse

Had she mentioned about rejection of leave in the letter of resignation, she could have a valid ground for enforcing the pay.  Now she cannot take up that plea. Other things being as it is, the management is right in rejecting her claim as the period of notice is not vaiwed.


Saurabh Sharma


AM
[ Scorecard : 32]
Posted On 14 August 2012 at 21:54 Report Abuse

Hi All

I would like to thanks everyone for their valauable comments on the matter. Please advise what could be the last step if the good offices denies even after the letter of request for the payment of salary.

Can I take any action on legal front?

 

Thanks & Regards

Saurabh Sharma


JANAK RAJ VATSA


ADVOCATE
[ Scorecard : 1761]
Posted On 14 August 2012 at 22:44 Report Abuse

you should complain in the labour commisssioner officer regarding denial of pay by the management.


Kumar Doab


FIN
[ Scorecard : 19793]
Posted On 15 August 2012 at 12:19 Report Abuse

Learned experts/members have given valuable advice. Kindly follow it.

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

Lady may demand acknowledgment and acceptance of resignation, certificate of service, relieving letter, form 16, PF number/account slips/attested copies of withdrawal-transfer forms for submission to PF Commissioner by self, correct FNF statement, payment of FNF dues by bank DD only and  thru redg/speed post only, salary slip for the last month etc. Lady may affirm that notice pay if any may be adjusted in FNF statement and dues if any are payable by her as per correct FNF statement she shall pay by cheque against proper acknowledgment on letterhead/receipt format with company logo and address with seal and signature of competent employee, which is to be issued to her on the spot. Lady may narrate all representations made by her so far and can request the good offices to allow her to examine her personnel file maintained by the company.



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