Resignatioin during probation

Query posted in your other post is:

Can I resign during my probation period legally without giving 1 or 2 month notice? I intend to give 15 days notice however.I have completed 5 months.

You may study the clause No. 6(b),notice period applicable to respective grade level and service agreement.

Hi Kumar,

Thanks for your reply. But as long as I remember, This is all I signed. There is nothing more to this. I assume this is not clear. This is the service agreement/

Termination is the 6th Clause.

So, does this make clear to anyone how much notice can I give during probation period.??

Raj

If clause 6(b) is termination clause posted by you, then notice period is not mentioned, however what are the details mentioned in service agreement and notice period pertaining to your respective grade level?

During probation period reasonable notice period is 15 days.

It shall be appropriate to study the service agreement, employee rules and standing orders. The employee rules and standing orders should be circulated by the company. If you wish you can obtain and notice period pertaining to your respective grade level, service agreement, employee rules and standing orders from HR page of intranet of company or from concerned personnel of HR, by a written communication under acknowledgment.

Here is the copy of service agreement : I think I have signed on 100 rs. of stamp paper....I am affraid of yellow highlighte section.

ARTICLES  OF  AGREEMENT  made at   Ahmedabad  this  the  11th  day of May 2011  between (COMPANY NAME) incorported   under the provisions of the Companies ACt,1956

        (hereinafter referred to as ‘The Surety/Sureties )which expression shall unless repugnant to the context or meaning there of be deemed to include his/their   heirs,  executors, administrators and assigns of the Third Part.

·         And whereas the company and the  employee  now agrees to enter into an SERVICE COMMITMENT  for a minimum period of TWO YEARS on the terms and conditions mutually agreed by and between the parties as stated herein below.

·         In view of the above, the Employee  here by agrees to give an undertaking to the company that He/She will serve the company for the minimum period stipulated herein below and will maintain  continuity for successful operations of company’s  business needs.  The same has been explained to the employee and the Employee  agrees and undertakes as follows.

·         (i)The Employee shall serve the company for a minimum period of Two years effective from   the date of his/her joining duties. Further company trusts that he/she would further comply and maintain continually post the specified period too.

(ii)During the period of his/her  service, the Employee shall faithfully conduct himself/herself in carrying out the jobs assigned to him/her as the case may be.

·         The employee also agrees to the transfer of his/her services either part-time or whole time to any other department or any part of India or any subsidiary concern of the company,without  any extra payment or any extra salary or allowance  other than travelling allowance admissible under the rules of the company.

 (v) The employee shall not so long this agreement is valid and subsisting,either personally or through an agent,person or otherwise in any other manner,directly or indirectly

a.Canvass or solicit business for or refer clients to any other person or company.The Employee willingly will participate in the promotional programmes,details of the same will be shared with him/her and with the consent of the employee participation will be confirmed.

(iv)In the event of the Employee leaving the services of the company for any reason whatsoever before completion of  TWO YEARS from the date of his/her joining the company/before the expiry of the period stipulated  herein above the employee undertakes to forthwith refund on demand to the Company without any dispute or demur the following.

·         a.If the employee has to leave during  the contract period he/she has to  give one month notice before leaving , fill the vacancy  by replacing with an experienced person approved by the company or train the person  company has selected  and then  leave.

·         A. Company reserves the right to claim/charge all expenses incurred by the company on the employee  towards Training, boarding and lodging and any other official   expenses if incurred by the company during his/her tenure upto a maximum of  Rs.25,000/-(Rupees Twenty Five Thousand Only).

·         B. Liquidated damages of the aforementioned amount to the,tune of Rs.25,000/-(Rs.twenty five thousand only  to partially cover the disadvantages that the company shall be put in providing training to the employees, loss of the time of other member of the team, disruption in the operations cost of opportunities etc.

D .  If in the opinion of the company, Employee is found guilty or in case of breach of any of the aforementioned clauses, or in case of  in- subordination,  negligence of duty, non-performance of work , disorderly or indecent behavior on the premises of the establishment, fraud or any other misconduct the company, reserves the right to dismiss the employee or terminate his/her services before the expiry of the this Contract/Agreement  as mentioned hereinabove.

(v)In the event  of the Employee failing to pay back the amount referred to in sub-clause(a-b) of clauses 1v herein above, the Company shall be entitled to receive the same from any of the

monetary claims that the Employee may have against the Company in addition to the rights to have recourse to legal proceedings both civil and criminal against the Employee entirely  at his risk as to the cost and consequences arising  there from.    

              (vi)   In case of disputes, the  Courts at  Ahmedbad,   Gujarat, will have exclusive jurisdiction.                                                                                     

              (Vii) After and on expiry of the duration of the contract as specified above the services of the                employee will be continued on the same terms and conditions of his/her appointment                         with the company, subject to employees having satisfactorily performed his/her     duties/responsibilities  diligently.

(viii)  By way of guarantee for performance of all terms and conditions contained in this                           agreement , the employee provides herein below the names of  Employees  near relative

       (s)Person(s)in order of and who have consented by signing herein below to stand for Surety/Sureties on the employees behalf to ensure that compliance aforesaid  covenants and that in the event of the failure/neglect to fulfill any of the terms of this undertaking or of any other form breach of the same. The Employee  shall be liable to pay to the Company liquidated

        damages of the  stipulated amount  mentioned as compensation OR the Employer’s Surety /Sureties mentioned below shall be liable jointly and not severely  with the employee to pay the same to the Company.

 I HEREBY UNDERTAKE THE RESPONSIBILITY/LIABILITIES ARISING OUT OF THIS AGREEMENT ON  BEHALF OF THE OTHER PARTY EMPLOYEE NAMED MR./MS.

      NAME               ADDRESS                           OCCUPATION

The company can raise claim since you have signed the bond, and may issue notice/legal notice.

You can contest the claim under the expert advice of a competent and experienced lawyer/law firm, and your lawyer can liberate you.

There are strange conditions set out in the agreement e.g. (iv) a, highlighted by you in yellow colour.

Henceforth kindly consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line and making acquaintances sign as surety.

It is better to seek legal advice before hand than repenting later and facing litigation.

Dear Mr. Kumar,

Thanks a lot for your kind suggestions.

regards

Raj

DEAr all,

Do you see any loopholes I can use as I am still on probation period. The other company I may join is MNC and will give me better pay compare to current company. Where the current one is local company with only 1 branch. They have been promising to open branches all over India since 2 years but nothing is happening plus the work culture is not very professional.

i.e. We have video camera and microphone all over the place so management can hear what we are doing. It feels so strange that someone is looking over your shoulder all the time.

regards

Raj