Regarding Resignation under probation period

Panneer selvam T (Querist) 09 July 2015 This query is : Resolved
Dear Sir

I have joined a company on April1 2015 and due to my Health problem I cannot continue to work there...I have told my problem to the GM of company on 6July 15 and he start to threaten me and I have to pay of rupees 50k-my 3month salary +penalty. I PUT MY Resignation mail next day...The HR of the company replied me that I have to come to office and give reason or They will take legal action. IN my letter of invitation they have not mentioned anything like this...in the LOI they mentioned probation period 6month and notice period 45 days...If I leave under my 6month probation..can they take action??pls reply
Thanks
Panneer

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Kumar Doab (Expert) 09 July 2015

The notice period of 45 days during probation period may not necessarily be applicable to you!

Resignation can be without permission, notice!

What makes you conclude that the statement of GM (as posted by you) is threat? Do you have any evidence that you were threatened (audio/visual/witnessed/minuted)?

Did you sign any BOND/Service Agreement and is there any clause on Penalty/Liquidated damages? If yes do you have the copy of the Bond and the Bond/Service Agreement was created in lieu of what extra ordinary favor by the company e.g. some certified training from some certified Instt. at the expense of company?

Did you resign with immediate effect or tendered notice of resignation?
Do you have copy of resignation, acknowledgment, proof of dispatch and delivery?

Did you mention that you are unwell/feeling indisposed and submit leave application and did the company decline to accept sick leave application? Do you have medical certificate issued by the doctor, supporting diagnostics reports?
Did you mention in any of the emails that you have resigned due to health issues on dated…………………?

What is this establishment registered as: Commercial,Industrial?
The Division/Dept./office where you were located last is: registered as: Commercial,Industrial?

How many maximum persons are employed in it at any point of time, before and after your resignation?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?

Were you confirmed or under probation period?

Does the establishment have its certified standing orders and is your designation covered by it or Model Standing orders apply to it?

Has it issued you any offer letter (after selection, before joining) and appointment letter after joining, and salary slip of each month, PF number, ESIC card, I.Card?
What do you mean by letter of invitation/LOI? What is it? Did you submit its accepted copy?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post), and mention NO tasks are pending at your end and to whom you should handover the charge?

Are you a member of any employee’s/Trade Unions?

You may reply pointwise to each point for further response.