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Notice period

(Querist) 03 September 2013 This query is : Resolved 
Dear Sir,
I have joined some PVT LTD company one month back. i got one month salary as well. I got allotted PF number as well. But I am planning to move some other company .I have submitted my resignation to current company.
But the Hr asking me to server 2 months notice or pay 2 months’ salary. They are saying that this notice period is default company policy. But I don’t received or signed any offer letter which states about notice period and other terms & conditions. I checked with other employees, they said that offer letters issuing will take two months times in that company.
As I am not signed any offer letter and terms & conditions am I need to serve notice or pay the company? Is there any legal acts related this ?

Thanks,
Hari



Kumar Doab (Expert) 04 September 2013
Employee should always tender some reasonable notice and allow employer to put his house in order. 1 month is too short a period to quit.

Employee should always join after satisfying that the company is good for him.

The impulsive, habitual job hoppers are not preferred by most of the recruiters.

You are in which state? The redg. office of the company is in which state?

What is this establishment: Commercial or Industrial?

What is your designation and nature of duties?
The offer letter is issued on selection of the candidate.The appointment letter is issued and should be supplied on joining.

If company delays it for 2 months then it is its doing. It can be termed unfair practice.

As on date of joining and date of submission of notice of resignation/resignation, the T&C on notice pay/period is neither communicated nor accepted.

The policies can not be by default.

The service rules, service conditions, are in printed version.

Gossip and rumor can not be rules and policies.

Are you put under probation period? During probation period 2 months notice may be termed unreasonable.

Notice period/pay is made part of service conditions. Service conditions are stated in standing orders applicable to the company, appointment letter/contract of appointment, statue……………………The Shops and Commercial Establishment Act of the State also mentions notice of resignation/dismissal…………………………….and it is not above 1 month. IN case of Delhi it is NIL till period of 3 months.

If payment of wages Act is applicable to this establishment, the standing orders may also apply.

Model Standing Orders: 13.Termination of employment.--No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated


If the company demands any amounts you may submit a carefully structured reply preferably drafted by your lawyer. You may show the job advertisement, interview call letter, selection letter, emails etc and any other document you have exchanged with company to your lawyer.


Nadeem Qureshi (Expert) 04 September 2013
if you think that the better opportunities are waiting for you in another company then left the company without any wrong apprehension. without signing any offer letter or appointment letter the company can not do anything wrong against you.
Feel Free to Call
Kumar Doab (Expert) 04 September 2013
Another thread with similar query at:

http://www.lawyersclubindia.com/forum/details.asp?mod_id=87882&offset=1#.Uib9F9KAqWM
ajay sethi (Expert) 04 September 2013
read the terms of your appointment letter carefully . company spends lot of money in hiring employees . it is only fair you give a reasonable notice period before leaving the organisation .
Rajendra K Goyal (Expert) 05 September 2013
Well advised by the experts, nothing more to add.
Raj Kumar Makkad (Expert) 06 September 2013
No more to ad as you have rightly been advised by experts.
hari (Querist) 11 September 2013
Thanks for your voluble information. I am from Andhra Pradesh.
Sorry I wrongly mentioned in my previous post. In previous post it is not offer letter it is appointment letter. I got offer letter on the day of selection and I accepted it .But In Offer letter they did not mentioned anything about T&C. When I checked with HR about T&C they said that it will come with appointment letter and I have to sign on it. But I did not receive it in that one month period and now I resigned the company with proper mail intimation.
Please let me know if anything I have to do.

Dear ajay , I respect and do agree with you . I was worked there for 28 days and no dependencies are there. I also said them that I ready to return the amount what they paid to me. One more point is I am not leaving that company because of money, I did not like the work ,culture and polices of that company.

Once again Thanks you all
Kumar Doab (Expert) 12 September 2013

ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988, is so employee friendly.

Sec 47: The notice period up to 6 months service is NIL.

The notice period as per Model Standing Orders has already been mentioned.
If company has its certified standing orders it should be displayed at conspicuous place/notice board and a certified copy should be provided to employee against a nominal payment, say Rs.10/-
If standing orders are applicable but the company does not have certified standing orders, Model Standing Orders shall apply.
The Notice period in your case seems to be NIL.

You don’t have to return any amounts company has aid to you as payment of earned wages for the work done by you.

If employer is unworthy of being employed with employee does have the right to separate.

Employee does have the right to state reasons for separation in notice of resignation.However during employment employee should build favorable record in writing.



In case of any difficulties approach your lawyer.


hari (Querist) 12 September 2013
Thank you Kumar.


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