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rules for getting relieved from employer

Querist : Anonymous (Querist) 01 July 2010 This query is : Resolved 
I am working in a sales company for last 1 and half year.
My offer letter says that i will be under probation for 6 months and after that i will be confirmed by issue of confirmation letter.
it also says that my notice period is 30 days during probation and 90 days after confirmation.
I have not been confirmed so far and i have recently tendered my resignation. Now the company says that i am confirmed but they have not issued the letter and my notice period is 90 days.
I need leagal advice to have a smooth releiving.
nandakishore
B K Raghavendra Rao (Expert) 02 July 2010
Legally speaking the company as mentioned in its offer letter should have issued a confirmation letter to say that your services have been confirmed. Till such time, it is presumed that you are on probation and therefore notice period is only 30 days.

Since you want to get relieved smoothly, you need to talk to the management and convince them about your better prospects if relieved earlier. If this does not work, then you may issue a smooth letter inviting the attention of the management to the comments made by me in the above paragraph.
Raj Kumar Makkad (Expert) 04 July 2010
I do agree with Rao.
Querist : Anonymous (Querist) 07 July 2010
Dear Sirs,

Thanks for the replies and support. Now the latest development is that after i convinced the management that my notice poeriod is 30 days only, the management is now telling me to complete certain tasks like getting the order from a govt tender. I cannot commit the course of action in a govt tender, while we have a good chance of getting the order, i am not in a position to commit the timeline for govt agencies. Looks like the management wants to have a ugly scenario before releiving me. Under normal circumstances, are the management not bound to relive as per the terms? pls help me


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