Probation confirmation issue

If you are expecting a notice of termination of employment then it is beter to firm up next venture ASAP, and clean exit by resignation.

Either you may haved to serve it or may not get any wages for unserved period or may have tender notice pay as per service conditions signed by you.

Regarding dispute of Notice Period for probationer or confirmed employee, if you wish you can rake up later.

For a considered opion show the apointment letter and all rules/policies mentioned in it to a very able counsel of unshakable repute and integrity specializing in Labor/service matters and discuss what exatcly you want.

You can also apply your rapport, goodwill and skills: reasoning/negotiation/persuasion to allow you to be in employment till you find another and give you clean relieving.

Having worked for 240 days you might succeed to term the action as retrenchment, if you are covered as ‘Workman’.

Or  the employer may have to justify the notice period served by it assuming you as under probation, by its own assumption.

If you are searching for another employment, tender notice of resignation (under proper acknowledgment) with notice period as suitable to you and mention notice period and LWD in notice of resignation………………..You may withdraw the notice before expiry of notice period/LWD, if required.

Usually in such cases the HR/Line Managers have employer’s consent to allow the employee to exit on its own so as to avoid expected litigation.

Apply your own judgment, your skills and assess the situation and act to defend your interest.

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

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