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Sunny (Xyz)     23 November 2014

Service period

I have joined in an organization 3 months back. Now I feel like resigning as I dont have any work there( been on bench throughout) and got a better high paid job. I have put my resignation but my employer is not accepting it. In the offer letter, its mentioned that a person would be in probation period for 6 months from the time of joining and then at company's discretion would be made permanent or extended the probation. It is also mentioned that the company can terminate me giving 1 month's notice during probation and if the employee is permanent, either party can give a notice of 2 months period. It was not mentioned anywhere what an employee can do if he wants to resign in probation period :(. Also, there is another line mentioned in the offer letter that a person needs to serve for a minimum period of 1 yr in the interest of the company and the work. Now, when I resign, the employer doesn't seem to accept my resignation and also said he mite put a legal case against me for breaching of conduct (without serving 1 yr). Plz tell me as what should i do now. There is no way that I can take this back also now :(



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 5 Replies

Kumar Doab (FIN)     23 November 2014

Repeated Query: https://www.lawyersclubindia.com/forum/Duration-of-service-112770.asp#.VHGew9_hXJs

Sunny (Xyz)     23 November 2014

@Admins/Moderators.

Please post this query in the section of 'Labor' / 'Service' 

This got posted here by mistake, when selecting the forum category!

@Kumar.. I wanted to create a separate topic as this covers the entire picture at one place.

The previous post (as per your link) which I have posted with the subject named 'Duration of Service' was not complete and sorry for posting it again. Would really like to see some suggestions as I am worried when it is being mentioned that there will be a legal action. Suggestions needed!

Thx

Kumar Doab (FIN)     23 November 2014

In other thread initiated by you mentioned above, the following has already been posted: "It shall be good if you can post all information in the beginning than in bits and pieces. What is issued to you :Offer Letter or Appointment Letter? If clause of service agreement has been inserted in contract of employment then : the company created the bond in lieu of what extra ordinary favor e.g. some certified training from some Instt. etc? If NO your lawyer may opine that the bond is unconcienable.... The notice period is part of service conditions and is governed by enactment applicable to establishment and employee covered by the provisions of the enactments. Designation alone doesn't decide employee shall be covered or not! If employee stands confirmed in writing then written confirmation is required. You should preferably meet an able Labor Law Consultant Service matters lawyer in person with copies of all doc's on record and give inputs in person..."

Sunny (Xyz)     24 November 2014

Thanks for the reply Kumar. I have been given the Offer Letter. I have just signed this and nothing else. So, my question is how will a question arise of a bond agreement or not? And the only investment that the company has put in me is by giving the Knowledge Transition(from another resource). There was no certified training etc etc. 

Kumar Doab (FIN)     24 November 2014

In suc case apparently there is no ground to impose obligation of service agreement/bond. HOWEVER YOU MUST SHOW ALL DOCUMENTS ON RECORD TO YOUR LAWYER IN PERSON AND LET YOUR LAwyer opine finally on your matter. The company may claim that you ca not rescind the agreement signed by you and expertise of your lawyer can help you. If the establishment is covered by Shops and Commercial Establishment Act then You may also refer to Shops and Commercial Establishment Act (of your state) that was enacted to govern the service conditions of employees working in such establishments.... For service period of 3months the notice period/pay might be NIL. The standing orders (certified/model) might also be applicable to the establishment. The notice period/pay during probation is NIL. Otherwise as per agreement the equitable notice period/pay of 1month might be claimed from you.... Meet your lawyer AsAp.

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