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Rohit Soni   16 April 2018

Company is pressurising me toh serve 3 month notice even i drop paper in probession period .

Hello everyone,
i work on mid level IT company. 6 month back i join that company and they told me 6 month i need to work on probession period where notice period is 1 month after 6 month i will be a confrim employee where notice period is 3 months . now the issue is that when the day 6 month i completed same day i drop a paper that i want to discontinue from my position and same day they have send m a confrimation mail which i didn't given my written acceptance that i will accept that position. then they were pressurising me to serve 3 month notice period because their system capture m confrim employee without my acceptance. im ready to serve 1 month but they were saying we don't need your acceptance to confrim you system is automated. 
it means if i don't want to work they can force me to work . i requested them many time but they were not ready kindly suggest me what i need to do should i filed a complaint in labour court .


 7 Replies

R.Ramachandran (Advocate)     16 April 2018

You know that if you give a notice of your quitting the job within 6 months (i.e. during your probation period), you have to give 1 month notice period.  Thereafter you have to give 3 months notice period.

In spite of knowing the above position, you gave the paper to quit the job, ON THE DAY when you completed 6 months of service.  

Since you gave the quit letter on the day of completing the 6 month service, naturally you have to serve 3 months notice period.

YOU COULD HAVE GIVEN THE QUIT LETTER 2-3 DAYS BEFORE COMPLETING 6 MONTHS SERVICE.  WHY YOU DID NOT DO IT?  WHAT YOU WERE WAITING FOR?  YOU CREATED PROBLEM FOR YOUR SELF.

I DONT THINK YOU WILL GAIN/ACHIEVE ANYTHING BY APPROACHING THE LABOUR COURT.  EVEN THE LABOUR COURT PROCEDURE WILL EASILY TAKE 2-3 MONTHS TO CONCLUDE.

THEREFORE, IT WILL BE BETTER FOR YOU TO SERVE THE NOTICE PERIOD WITHOUT PROBLEM, AND GET A RELIEVING LETTER WITH F&F SETTLEMENT.

AT LEAST IN FUTURE USE YOUR BRAIN. TAKE THINGS SERIOUSLY. DO NOT DELAY THINGS UNNECESSARILY.

 

1 Like

Rohit Soni   16 April 2018

so it means their is no mutal contract if employee don't accept that he want to continue

R.Ramachandran (Advocate)     16 April 2018

The mutual contract was when it was notified to you in the beginning.

Once you had agreed, that is all.  No further requirement of any mutual agreement/understanding on each and every day.

Deepak joshi   16 April 2018

At the time of joining you gave the your consent for terms and condition of the company.

Rohit Soni   16 April 2018

in point 5 its mention after 6 month they give confrimation writing

Deepak joshi   17 April 2018

Cal me tomorrow @9456777600

Asgher Mahdi (Advocate & Legal Advisor)     19 April 2018

If the company communication of your completion of probationary period is earlier from your mail, the company is right and you need to serve. Generally, it is noticed that the company spend lots of efforts to train the employee during probationary period and expected that the employee will continue the company but unfortunately on many a cases, the employee after trained get an attractive offer from other company will fly away. On such, cercumstances the company is need only to goes on training the employee? 


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