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satish s   20 July 2017

Resignation with immediate effect

Dear Sir/Madam, I joined organisation on 10th May'2017  as Sales officer and submitted my  resignation with immediate effect on 8th June'2017. I don't require any relieving letter from their organisation. I don't want to claim my 8days salary as well. Now organisation is sending legal notice  asking me to pay Months Salary Probation period of 6months,according to offer letter Clause 6 CLAUSE 6: In case you wish to resign from the service,the Notice Period should be of minimum 1month otherwise salary and TA/DA of the respective month will not be paid Kindly advise at the earliest Thanking you

Read more at: https://www.lawyersclubindia.com/forum/Notice-period-during-6-months-of-probation-151655.asp



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 6 Replies

Kumar Doab (FIN)     21 July 2017

Dear LCI Querist @ Mr. Satish S,

 

The clause posted in the manner by you does not specify if notice period is applicable is Probation Period or not. Notice period is part of service conditions and covered by various enactments applicable to establishment, employer, employee. If you and establishment is covered then clause on notice period may not necessarily be applicable in your case and may be VOID.
 

Kumar Doab (FIN)     21 July 2017

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?

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?

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

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card,? 

 

Kumar Doab (FIN)     21 July 2017

The employer has to supply the acknowledgment and acceptance of resignation and correct FnF statement showing computation of earned wages e.g.

For 8days in your case ( Monthly wages/26*8=8days wages)

TA/DA as applicable in your case and other amounts/payouts, any bonus/Leave encashment/incentive/reimbursement if any payable to you ………………..etc etc and adjust notice pay @ as applicable as per applicable enactment and/or narrated in appointment letter/service rules/policies/service conditions etc ……………………..and arrive at final amount payable by either employee or employer……….

 

Or you may prepare your own FnF statement and send to employer for verification………………..and supply the verified/correct copy to you.

Kumar Doab (FIN)     21 July 2017

 

Instead of wasting your energy and time on unnecessary points e.g; “I don't require any relieving letter from their organisation. I don't want to claim my 8days salary as well.”

Obtain all docs mentioned above and also obtain acknowledgment of handover of charge/assets, service certificate, relieving letter, Form16 as per correct FnF statement ………….. and close the chapter once and for all……

Kumar Doab (FIN)     21 July 2017

Assuming for a moment..........................it is just an assumption...................since it is a matter that can be confirmed after asessment of your desigantion and duties on record , primary employment etc............... that you are not covered by any enactment ..................and notice period in probation period applies...........................settle as per correct FnF statement... 


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