Wrong details in offer letter

Notice period/pay is part of service conditions and any change in service conditions should be stated in writing by employer to employee for acceptance/declinature. The employee has the discretion to accept or reject the change.

Obtain the screenshot of 17th-Feb and another on 18th-Feb.

You may also download the HR policy, rules and regulations stated in offer letter/appointment letter issued to you that shall govern the employment. If these are not supplied to you at the time of providing offer letter/appointment letter then you may mention in writing that these were never supplied and are also not available o any shared portal e.g; Employee portal.

Any change in internal employee portal by employer may not necessarily be deemed as the acceptance by employee.

You can decline to accept the change and in such a case the new condition that has not been communicated to you should not apply to you.

You should have consulted your lawyer before initiating written communication with employer as written communications should be structured carefully.

Notice period in probation may not necessarily be 1 month or 90 days and it may be NIL.

If standing orders are applicable to the establishment and are certified and cover your designation then these may be examined. Being an instrument of law it shall prevail upon any private agreement that employer might have signed with employee.

If standing orders are applicable to the establishment and are not certified Model Standing Orders shall apply. Having statutory force it shall prevail upon any private agreement that employer might have signed with employee.

As per Model Standing Orders the notice period during probation period is NIL and service certificate has to be issued to all employees.

Resignation is not Misconduct.

If Model Standing Orders shall cover your designation then you may refer to:

You may go thru: Sec:13, 14, 15, 16 17, 18…………………..

 Employee should tender some reasonable notice period and must state notice period, effective date of resignation/last day in office in notice of resignation (supply thru redg. Post) and that no tasks/assignments are pending at his end as on date and routine duties that can be completed on day to day basis within and up to last day in office should be assigned to him and ask to whom he should handover the charge/company property if any.

You may show all docs/records, communications exchanged and give inputs to your labor consultant/service lawyer and let your lawyer handle the matter and get relief for you.

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

https://www.lawyersclubindia.com/forum/Salary-never-paid-on-time-Quit-without-any-notice-period--98434.asp#.UxQGtUeBmXU

Hi Kumar,

Thank you for your suggestion.

Kumar I have gone through the companies exit policy and found that they have removed the probation clause for the employees joining them w.e.f nov-2013 and I have received offer from them in Dec-2013 mentioning that I will be on probation for initial 6 months. I think they are not bothered about the companies updated policies and  keep on sending the offer letters with probation clause.

Anyways I have decided to join the new organization with out serving the notice period in the previous organization now what I would like to know from you is in what way I need to intimate my previous employer that I will not serve the total notice period and a particular day was my last working day.

There are no dependencies on me as I have not been into any project also I don't need any experience or relieving letter from that particular  employer and the only company asset I am holding as of now is the ID card.

Thanks,

Vamsee

If probation period is mentioned in appointment letter issued to you then you are not a confirmed employee from the day1.

If it is stated in appointment letter that your employment shall be governed by HR policy or termination of employment by employer or employee shall be as per Exit Policy then employer is bound to follow the T&C in appointment letter drafted by it.

You may cite the references and call the bluff of HR personnel of the employer by a representation addressed to good offices of appointing authority,MD.............................and seek relief. Do not remain entangled in verbal communications with HR.

If good offices also do not provide relief you may approach your lawyer and lawful authority.

Hi Kumar,

I have joined new organization as they want me to join immediately and I have informed them that I will not include the current company details in my experience as I have been with them for less than 1 month and they have agreed on the same.

Now I need to update my previous employee that I will not serve my remaining notice period and particular day was my last working day and settle out issues related to final settlement and also I want to return the company property which are with me ( I am currently holding companies ID card)

Thanks,

Vamc

You have posted that you have noticed that Notice Period is not applicable in your case.

YOU may point it out in writing under proper acknowledgment to good offices and may also highlight that no tasks are pending at your end and to whom you should handover the charge.

However employee should always tender some reasonable notice and handover charge under proper acknowledgment.

You may demand acknowledgment and acceptance of notice of resignation, FNF statement for verification and acceptance by you within and up to last day in office given by you, payment of FNF dues by bank DD only, PF number-a/c slip, ESIC number/card, salary slip, NON/NDC, service certificate, relieving letter, acknowledgment of handover of charge/company property, Form 16 etc………………….to be supplied to you within and up to last day in office given by you………………

Sufficient has been discussed and in case you are finding it difficult to handle on your own let your lawyer handle it for you.

Hi Kumar,

I have posted in my earlier postings that my offer letter says that people who r joining on particular grades will be on probation for 6 months and I have serve 30 days of notice period if I resign with in 6 Months and I was into one of those grades but now they are saying that I am a confirmed employee from day one and I have to serve 90 days of notice period.

I have submitted my resignation with in four days after I joined and I have served 20 days of the notice period as per offer I have to serve 10 more days but when they have said that I need to serve 90 days of notice period I have decided to quit from them.

Hope I have not provided any false information I have decided to send information to HR stating that please consider xxx was my last working day and what has been mentioned in the offer letter about notice period.

Thank you for your valuable suggestions.

Regards,

Vamsi

HR is not your employer. HR personnel are just another employee in the company like you.

HR personnel have already taken a stand to enforce notice period of 90 days in your case whereas you are claiming to have evidence in your favor for applicability of 30 days of notice period. If this is the situation HR shall/may chase you for recovery of notice pay.

Apparently as per language of your posts your transactions with HR are verbal and verbal transactions may not be evidence……………….

If the stance of HR is erroneous then (as per Model Standing Orders Sec:15 too) you can escalate to good offices of appointing authority, MD, Chairman………………and seek relief. Do not remain entangled in verbal communications with HR.

If good offices also do not provide relief you may approach your lawyer and lawful authority.

You may show all docs/records, communications exchanged and give inputs to your labor consultant/service lawyer and let your lawyer handle the matter and get relief for you.