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STUDENT.... (.......)     08 December 2014

Employee deemed to be under probation w/o confirmationletter

Dear All,

 

I have served my formal resignation to my employer with Notice period of 15 days. However, the head hr has stated that if you have not received the confirmation letter as well then also you will be treated as confirmed employee where as no such term is mentioned in my employment/appointment letter.

 

Hence, I would request you to please go through the attached file and let me know whether I become a confirmed employee or not as I have not received any confirmation letter from my employer's end till now and my employer is saying that i am a confirmed employee verbally but every thing is audio recorded.

 

Please find the attached files for your reference.

 

Small Info/Brief about my case.

 

I was forced to serve my resignation by my mgr (Created Work Pressure). I served my formal resignation with notice period of 15 days and on the day of serving the resignation with notice period i did not attended the office as i was not in a position to attend.

However on day 2 when I rejoined the organization to complete my notice period I was made to sit in the organization for 5 hours without any work assigned to me and the work which was assigned to me was distributed to other employees.

No reason was furnished by my manager for this kind of behavior where as I mentioned in my appointment letter that I am serving my notice period and It was really humiliating for me due to which I left from office early after getting humiliate for 5 hours and from there the issue occurs and emails started.

 

What ever they are saying either on calls or in meeting verbally but not writing anything on email where as I am documenting everything on email after discussing anything or everything on calls or verbally.

 

Hence, I would request you to please help me in the same.

 

 



Learning

 1 Replies

Kumar Doab (FIN)     16 December 2014

The attachment couldn't be downloaded. The automatic confirmation on end of probation period is possible if it is stated in explicit terms in appointment letter... You may show it to your Labor Law Consultant/ Service matters lawyer, employee/ trade union leaders... The notice period is part of service conditions that are governed by various enactment applicable to establishment and employee e.g. (Name of the state) Shops and Commercial Establishment Act, standing orders(certified/model)......and these being Act/instrument of law/statue shall prevail upon any private agreement /policy that employer has drafted/signed with employee e.g. appointment letter..../HR POLICY ETC You may show all doc's on record to your counsel and proceed under expert advice of your lawyer... and escalate to good offices of appointing authority..

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