Resignation under probabtion period
meenakshi gera
(Querist) 16 September 2015
This query is : Resolved
Sir,
I was working with a company from the last three months and i have resigned due to personal reasons. I have worked with this compnay from 25.05.2015 to 31.08.2015. I have sent a mail to my assistant manager H.R. on 25.08.2015, in which i have mentioned about the resignation and that i can continue till 31.08.2015 and i have asked them if i have to serve the notice period or not as i am in probabtion period for 6 months. My A.M. forwarded this mail to the HR head and he didn't replied to me and on 31.08.2015 i got a mail that we are relieving you w.e.f. 31.08.2015.And they are not even ready to pay my salary , i have been told that i will only get the salary for 7 days , from 25.08.2015 to 31.08.2015.Sir, i would like to know , is it compulsory to serve the notice period under probabtion period.
Regards,
Meenakshi Gera
P. Venu
(Expert) 17 September 2015
What are the terms specified in your Appointment Letter.
meenakshi gera
(Querist) 17 September 2015
Sir,
Below mentioned is the term specified in the Appointment Letter:
You or the company may terminate relations as employee and employer respectively by giving one month notice or month basic salary in lie thereof.
But in the resignation mail i have asked them if there is any compulsion to serve the notice period under probation period.But i did not get any reply. I also send them a mail that i am ready to serve the notice period for 30 days but you are not accepting the same , i would like to know if i will be getting my salary for the month of August'2015. But they did not give a satisfactory reply , the reply i got was "The issue has been decided keeping in view your request and the company’s regulations."
Sir please advice me on this matter , as i am getting my one month salary.
Meenakshi Gera
Kumar Doab
(Expert) 17 September 2015
You are smart.
The management can not digest the fact that employee is smarter than it.
So they have in their own wisdom, drafted a reply.
>>> According to you: you are in probation period!
Has management stated, in clear terms:
--- what is the probation period? Has your service been confirmed in writing?
---what is the notice period during probation period in appointment letter? If yes what is it?
If NO can it be construed that 30 days notice period is applicable to one and all during probation period and after completion of probation period? …………………………….
{ (Not necessarily.)..........Notice period/pay is part of various enactments that are applicable to the establishment/employer/employee………………………and if the employer/employee are covered by such enactments then such enactment shall prevail upon any private agreement that employer has drafted and signed with employee e.g appointment letter/contract of employment/service agreement etc………………..
Notice period during probation Period may be NIL.
Notice period for say 3 months of service may be NIL.}
>>> According to you: You have mentioned both in your notice of resignation that: You can continue till 31.08.2015 and that since you are in probation period, is it necessary for you to serve the notice period of 30days………………………..and also that in subsequent communications you have (since you did not get any clarification) mentioned that you want to serve notice period of 30days.
>>> According to you: the company has agreed to pay salary from 25.08.2015 to 31.08.2015!
Why it won’t pay the salary from 01.08.2015 to 24.08.2015?
What is your wage period 01st to 31st?
What is the pay day: 31st or 7th of next month or 10th of next month?
>>> You have asked: If you will be getting salary for the month of August'2015?
Has the company declined to pay it? Has it supplied the FnF statement?
>>> According to you: The reply you got was "The issue has been decided keeping in view your request and the company’s regulations."
What is its true meaning in practice?
You have been asked to not to attend
office from 01.09.2015 on record? Have you attended office from 01.09.2015?
Have you been asked not to attend to office from 01.09.2015? If yes were you asked to stay at your address and wait?
What is the company’s...........said regulation?
Apparently it is 30days notice period! (until you clarify)
So either the company shall compute salary of August and adjust notice pay of 23 days in your Fnf statement/settlement?
Or you will succeed to get salary of August+ notice pay of 23 days in your Fnf statement/settlement!
Has the company accepted your resignation? If yes what is the date from which it is accepted? Is this date clearly mentioned in acceptance?
You may spend quality time with an able Labor Law Consultant/Service Matters Lawyer/Law firm, Employee’s Unions/Trade Unions leaders and proceed further under their expert guidance.
meenakshi gera
(Querist) 17 September 2015
Sir,
The payroll period of this company is from 1st to 30th of the month and there is no specific pay day, the pay day is between 15th to 20th of every month.
Kumar Doab
(Expert) 18 September 2015
You have not replied to all points.
The pay day should be 7th.
The employee can lodge complaint the moment payment of wages is delayed even if by a day and employer can be penalized say Rs.7500/instance.
The wage/salary/payslip has to be supplied at least a day before the day of disbursement of wages and signed by both employer and employee.
meenakshi gera
(Querist) 18 September 2015
Sir, below mentioned are the few points whhich u have asked in the previous posts:
1. Probation period is for 6 months and i was not confirmed because i was under probation period.
2. They haven't mentioned in the appointment letter whether it is mandatory to serve the notice period in probation period or not but yes, it's written in the appointment to letter that "You or the company may terminate relations as employee and employer respectively by giving one month notice or month basic salary in lie thereof. "
3. Yes, i have mentioned in the notice of resignation that i can continue my job till 31.08.2015 but also i have asked them if i have to serve the notice period for 30 days or not as i am under probation period.
4.The company has agreed to pay salary from 25.08.2015 to 31.08.2015 but this thing is not documented as my H.R. head never replied on my mail for 6 days and on 7th day i.e. 31.08.2015 i got an e mail that they relieving me w.e.f. 31.08.2015, however notice period for 30 days is applicable even for probationers.
5. Yes, i asked my H.R. head by sending an e mail that whether i am going to get my salary for the month of august'2015 or not and the only reply i got was "The issue has been decided keeping in view your request and the company’s regulations."
6. Yes verbally they declined to pay me for 1st august to 24th august 2015 and no, i haven't recieved any FnF statement yet.
7. Yes , i have been asked that i have been relieved w.e.f. 31.08.2015 After Noon.I haven't attended the office from 01.09.2015
8. The company accepted my resignation but on 31.08.2015.Yes the date is mentioned in the acceptance.
Please advice me on this matter.
Meenakshi Gera
Kumar Doab
(Expert) 18 September 2015
The company can not decline to pay wages from 1st-24th and 25th-31st.
It has to send the FnF statement showing the computation of earned wages ( @ as narrated in appointment letter/CTC sheet) for all days worked by you i.e. 1st-31st/bonus/leave encashment/reimbursements/incentives/OT etc...................adjustment of correct notice pay,for correct notice period applicable to you, at the correct rate of notice pay as defined in enactments applicable to the establishment..............for verification and acceptance by you.
It has already been explained that company's private/internal/regulations does not matter and enactments applicable to the company shall prevail.........................e.g. Shops & Estbs Act, Standing orders..............and if you are covered by the def. of employee/workman as in these enactments.................(which you should be).................then notice period for 3 months of service /during probation is NIL................
It also has to supply to you the service certificate,relieving letter,Form16 as per correct FnF statement,NOC/NDC, salary slip of all months................. etc
K.S.Srinivas
(Expert) 19 September 2015
IL agree with the expert Kumar Doab.
