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Grace (Manager)     13 September 2013

Resigning from job during probation period

I joined a company in the month of June  2013 and I want to resign now.

I am mentioning certain terms and conditions and clauses from my offer letter and appointment letter:

 

Offer letter

1. I am on a probation for a period of 6 months from the date of joining.

2. I commit to work with this organisation for a period of 2 years.

3. The organisation reserves the right to terminate my services by giving one month notice without assigning any reason (but the same right is not given to me)

Appointment letter

1. Appointment is purely on ad hoc and temporarily basis.

2. The organisation can terminate the services without assigning any reason by giving two month's notice or two month's salary. Also the employee  can also resign by giving two months notice or by paying two months salary in lieu of the notice.

  • Since the notice period given in offer letter and appointment letter is different, which one is applicable?
  • The bond period is mentioned in the offer letter and not in the appointment letter . Also in the offer letter the organisation reserves the right to break the bond but the same right  is not given to me as an employee. Does such a  bond has any binding effect on the employee ?
  • Are bonds applicable on employees who are appointed on ad hoc and temporarily basis?
  • I would also like to mention that no training was given to me after I joined this organisation.
  • When offer letter and appointment letter contradict, which one is applicable?
  • An employee joins the organisation on the basis of terms mentioned in offer letter. Is an organisation not responsible to not to add different terms in an appointment letter? 

 

Please cite the relevant source if possible. 

 

Thanks for your valuable time and suggestions.

Regards

Grace Sharma



Learning

 6 Replies

Kumar Doab (FIN)     13 September 2013

 

What is this establishment: Commercial or Industrial?

 

 

You are located in which state and Redg. office of the company is in which state?

What is your designation and nature of duties?

Appointment letter signed and accepted by employer and employee supersedes offer letter.

Standing Orders applicable to the company (certified or Model) shall prevail upon appointment letter. Service conditions stated in appointment letter can not be negated to employee in appointment letter.

If Payment of Wages act is applicable to the company Standing Orders should apply to it.

Notice period is not applicable to temporary employee/Probationer as per Model Standing Orders……………………13.                Termination of employment

It shall be appropriate to show all docs including but not limited to job advertisement, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment…………………… The lawyer that has seen all of your docs can advice you the best. 

 

 


Attached File : 310622630 model standing orders industrial employment standing orders rules.pdf downloaded: 140 times

Grace (Manager)     13 September 2013

I work in a hospital in Rajasthan but I work in administrative block of the hospital.

the organisation does not have any standing orders of its own. The selection process was a very simple one. 

Kumar Doab (FIN)     15 September 2013

If the establishment has not incurred any expenses on employee e.g. training that added to  qualification or some extra ordinary skills, in lieu of which establishment created the bond, the may not succeed.

The appointment letter should supersede the offer letter and after issuance of appointment letter the offer letter should be defunct.

It shall be appropriate to show all docs including but not limited to job advertisement, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment…………………… The lawyer that has seen all of your docs can advice you the best. 

Your lawyer may ask you a set of structured questions and can opine that you would be covered as ‘Workman’ as in ID Act and ‘Employee’ as n Shops and Commercial Establishments Act……………………..or not and what would be appropriate forum for you.

Approach your lawyer with your docs.

In the meantime you may go thru the attachments.

 

 


Attached File : 524594225 417759075 validity of employment bonds.pdf, 524594225 background paper.pdf downloaded: 156 times

Sudhir Kumar, Advocate (Advocate)     16 September 2013

well elaborated by Mr Kumar Doab

Santosh (supervisor)     17 September 2013

Dear Sir/Madam,
Need suggestions as i joined a company in th month of April'2013, and found another job in month of september'2013, i resigned but they are not accepted nor terminated my services from there side, i need to join another company. i had some Outstanding with company please advice. what i supposed to do. or is without resigned/terminated should i claim salary from this ORG.

 

Regards,

Santosh Rajvansi

Kumar Doab (FIN)     17 September 2013

@ Santosh,        

Always start a new thread.

You have posted that:

i resigned but they are not accepted nor terminated my services from there side

Do you have copy and POD of the resignation tendered by you?

Represent by letter thru redg. post, to the good offices of appointing authority, MD, and conclude that you have submitted notice of resignation/resignation on dated……………..and have in person visited Mr/Ms………………..designation………………………on dated and have handed over the charge/ company property ( or affirm to handover the same) and no tasks were pending at your end and that you have finally resigned on dated………………………………

The acceptance of resignation, service certificate, relieving letter, correct FNF statement, Form 16 as per correct FNF statement, payment of FNF dues by bank DD only, PF number, PF a/c slips for entire period of service be supplied to you by redg. post only within next say 7 days………..

 

Based on reply of good offices you may proceed further.  


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