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Discussion > Labour & Service Law > Service > probation period : notice period or Basic pay ?   Unanswered Threads Post New Topic

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There are 5 Replies to this message


adariharish


SSE
[ Scorecard : 40]
Posted On 26 May 2010 at 13:01 Report Abuse

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


Ashok Yadav


Lawyer
[ Scorecard : 1428]
Posted On 26 May 2010 at 13:47 Report Abuse

No, as per details given by you, they can't do anything against you, based upon your service Agreement/contract. 

 

But if they are threatning then you should checks the things, they may harras you on false allegations. Is there any thing against you, any action taken by you during the service period, for that they may falsely allege you, that you have done this wrong and you are liable for company for your this act.

 

If not such type of situations, then need not worry.



Total thanks : 1 times

adariharish


SSE
[ Scorecard : 40]
Posted On 26 May 2010 at 16:05 Report Abuse

Hi Ashok... Thanks a lot for your quick reply....  your response mean a lot to me at this point...

there is no action or any thing taken by the company on me nor from my side also, during this one month... 

The only thing is -- i resigned, thats it.... nothing else!!

I called and asked them to deduct my basic pay from this month salary plus what so ever charges are applicable.  I have even communicated the same thing in the mails also very clearly.... i have asked them to reply if they have any issues.. but they didnt reply to that mail.....


adariharish


SSE
[ Scorecard : 40]
Posted On 26 May 2010 at 16:10 Report Abuse

one more question... as per the contract i understand they cannot proceed any thing legally...

if in case they proceed with any legal process with regards to the probation notice period... what would dey ask me to do in this case... is it about to pay the stipulated amount or something...

Please let me know... thanks a lot once again...


Ashok Yadav


Lawyer
[ Scorecard : 1428]
Posted On 26 May 2010 at 16:21 Report Abuse

They can demand stipulated amount, i dont think they will go to court for demand of money, as they can deduct it from your one month salary. They wont go to court for any other relief, they are threatning you only, need not to worry.

If u r leaving the company, why they shall spent more money and time, on you in court case, if nothing wrong has been done by you against the company?



Total thanks : 1 times

adariharish


SSE
[ Scorecard : 40]
Posted On 26 May 2010 at 16:28 Report Abuse

if it is for amount... i dont mind paying it.. :)

Thank you very much !!!  on your help on this... m highly indebted to you.... thanks a lot ashok once again...

 




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