Ruchir B. Mehta (Branch Manager) 13 May 2010

Resignation without notice period during probation time

Hi,

My name is Ruchir Mehta and i am serving as a branch manager with Netambit Value First Service Ltd at Ahmedabad. Now, my question is that, I have given resignation to the company without serving notice period and in my letter of appointment it clearly written "the company will need at lest 15 days notice or 15 days salary in lieu thereof, in case you wish to leave the company during the tenure of notice period. However, the comapny reserves the right to terminate you\r services bygiving you a 24 hours notice.

I have given resignation on 0705/2010 and written that my last working day will be 08/05/2010, but still they are not ready give me acceptance of my resignation. When i have followed up them rigorously, then my reporting head has sent me acceptance stating that, they are going to treat my last working day will 23/05/2010. I have again spoke to my boss and they told me that it is company right to whether to relive you or not? Where in there no such clause in my letter of appointment.

I need simple acceptance of my resignation from them without mentioning any last workig day, as I have to join another company.

Request you to please guide me on this on an urgent basis.

Regards,

Ruchir Mehta

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4 Replies

Sanjay Agarwal (Dy. General Manager [HR]) 13 May 2010

You can offer your company 15 days salary in lieu of notice otherwise in above circumetances you have to serve for 15 days.

Sanjay Agarwal

Kiran Kumar (Lawyer) 14 May 2010

offer them the 15 days salary as per the agreement.

send them a detailed letter in this regard.

1 Like

Kumar Doab (FIN) 14 May 2010

Compile the record of the communications you have made by phone/email/fax/letter/in person visits.

You may send letter by registred post to the Appointing Authority as per your appointment letter, and Managing Director of your company and your HR head and your boss,mentioning:

-clause of your appointment letter "the company will need at lest 15 days notice or 15 days salary in lieu thereof, in case you wish to leave the company during the tenure of notice period" and write that as per this clause you have resigned from services by submitting letter of resignation on 07/05/10 and the last working day is 08/05/2010 .

You may mention that your appointing authority as per appointment letter is ...........and acceptance of your resignation is sent by your reporting authority.Let them confirm that he is authorised officer to accept your resignation.

You may ask the company to adhere to the appointment letter issued by them.

You may mention pointwise/datewise, the followup made by you in this matter and the hardships you are facing for your future endeavours.

your demand the company may deduct the notice pay ( 15 days basic salary or amount as mentioned in your appointment letter) from your F&F, and in case the company wants you to remit the notice pay in cash/by cheque/DD the company may state so in their reply to your letter say within 7 days, and the company may send your F&F immediatly.If the company does not respond you may remit notice pay by payable at par cheque/payorder/DD and retain a notarised/attested photocopy of the cheque with you.

-You may handover the company property if any with you including ID card/visiting card etc and obtain receipt.If you have not you may do so immediatly.

-You may demand them to issue you work experience certificate/no dues certificate/relieving letter/form 16/PF wirthdrawl forms/PF accumulation report & any other document they have to issue to you,and release your earned wages and any other amount payable to you immediatly.

-You may write in a polite and crisp language and use your rapport and strike an appointment with the concerned official and using your negotiation skill wriggle out of the situation amicably and do your level best to avoid altercation/litigation.

-Your next employer/HR knows the trends in the industry and can cooperate with you. They also need to employ professionals and have their own recruitment targets to achieve. Use your negotiation skills.

-If nothing works show all the record to your service lawyer and proceed.

adariharish (SSE) 26 May 2010

Dear All,

I have joined a company one month ago. I have tendered my resignation recently.

Right now i am in probation period since i have joined the company in the last month. So, as per the contract, i can pay one month's basic pay to the employer and can terminate my service.

More over i didn't receive or undergone any business/project related functional KT.

According to the contract/deal, we have:

" 1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of probation period you will be confirmed in the services of the company."

" 4. During the Probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, notice period for severance will be three months on either side or salary in lieu thereof. Salary for purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."

Now that i dont want to serve the notice period and i am asking them to deduct one month's basic pay from the current month salary plus any other charges as applicable, as per the contract. I even asked them if any mode of payment is required please let me know.

But the HR is refusing to release me immediately and asking me to serve the one month's notice period or they will take the legal action's against me.

I have asked them to go with the contract/deal that i have signed at the time of joining with the employer, HR is behaving very arrogantly! and ignoring my request.

i dont need the releiving letter also but i just wanted to know whthr any thing they can do legally in this case.

Thanks in Advance! for all your valuable inputs

Harish