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Niladri Sekhar Jyoti (MT)     25 May 2014

Notice period during probation

I need help regarding my situation. I posted wrongly as a reply to some other's topic. so freshly posting as a new topic here:

 

 

I joined a pvt bank on 5th May 2014 as Management Trainee, and since then not at all enjoying my work, the culture and environment is also very negative. I feel mentally sick here, and continuing even a single day is very tough for me. I am very desperate to leave, and that too immediately.

 

 

Now, I have few queries, and I was wondering if any of you could help me find answers to them.

 

 

My appointment letter says the below points

 

 

Point 1. The appointment letter is addressed to me but in two occasion my name is written with salutation as Ms. though I am male.

 

 

Clause 1. You will be undergoing training period for one year and will be in probation, post completion of which you will be in the permanent service of the employer.

 

 

Clause 2. a) Your service may be terminated at any time without cause by giving not less than 90 days notice in writing....

b) you shall be entitles to terminate this appointment without cause at any time by giving not less than 90 days notice in writing. you may also terminate this appointment by payment of salary (basic+consolidated allowance) in lieu of notice, acceptance of which shall be at the sole discretion of the bank. 

 

(in above clause there is no mention of whether it's for probation period also. However, I found this point in HR Manual of the company that in the probation period employees including Management Trainees will have 1 month of notice period.)

 

 

My queries are:

 

Query 1. I asked for the corrected copy with proper salutation, the HR said, ok, just sign it now, we will send you the corrected one soon. I signed it, but till date have not received the corrected one. Now that I have signed the one with error in salutation, will it be binding on me? I mean, will the contract be void considering that I am not Ms. So n So, even though the name matches?

 

 

Query 2. If I resign and ask for relieving me immediately(say within maximum 2-3 days), for how much notice period I have to pay, will the clause in my signed appointment letter (3 months) supersede what have been prescribed in the HR manual (1 month for probation period)? Or I can pay for one month only and argue on the HR manual clause?

 

 

Query 3. In case they do not agree to relieve me immediately (say maximum 2/3 days), can I formally put resignation and seek release by next 2/3 days, and take the copy of these communication and stop coming to office (And I will also in writing communicate them that I am ready to pay for the remaining notice period, i.e. the full notice period). In this process will I be legally correct with my action? At any cost I need to leave soon. No specific duty is assigned to me that needs any handover.

 

 

Query 4. Even though in Appointment letter basic plus consolidated allowance is mentioned as the notice payment, considering I am in probation (and as per clause not a permanent employee) can I just pay the basic pay for remaining notice period, resign and leave. After that can they claim full salary or act legally against me? Relevant to mention that I have completed only about 20-25 days in the company.

 

 

Please advise me and help me come out of this moral quandary.

 

 

Thanks in advance

Niladri



Learning

 10 Replies

Dr J C Vashista (Advocate)     25 May 2014

Search and Switch over to some other job.

Point 1 is a clerical mistake, nothing serious.

Point 2 to 4 have been replied by yourself in the query.

Engage a local lawyer

1 Like

Niladri Sekhar Jyoti (MT)     25 May 2014

Thank you sir for your reply. I am now clear about the answer of my query 1 as you have mentioned it's just a clerical error and not a serious issue, so the contract would be valid. 

However, my queries 2-4 are still open, I am not sure how I myself have replied them in my query. Please elaborate.

Anand Bali Adv. (Advocate Solicitor & Consultant)     25 May 2014

You only have to pay one month's salary as you are in probation period and note in the probation period only a consolidated salary which means basic plus some other essential perks or with out any perks the salary is given so you have to pay only that much amount which you are drawing right now.

leave and join an other job if job satisfaction is not there. But do remember before leaving there should be a job in hand other wise you will loose.

About your first question : it is a clerical mistake and can be cured easily do not worry for that.

1 Like

Sankaranarayanan (Advocate)     25 May 2014

nothing more need for your query.  Expert Dr vashista and  sri anand bali given good suggestion   i do hands with them

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

Addressing you Ms instead of Mr. is just a clerical error which can be ignored because there is no legal issue on it.  Since you have been appointed in a temporary position as probationer for a period of one year, the clauses for probationary period will be applicable to you.  If you are ready to comply with the conditions of banking laws on probationers on resignation issues, you may very well tender your resignation, upon which you will be informed by the bank to settle the amount as envisaged in the rules quoted to you, if you find any discrimination in it, you may come back to this forum seeking further advise.

1 Like

Niladri Sekhar Jyoti (MT)     26 May 2014

Thanks everyone, I got clear reply to all but one of my queries. The remaining question is 

I need very urgent relieving. In case they do not agree to relieve me immediately (say maximum 2/3 days), can I formally put resignation and seek release by next 2/3 days (And I will also in writing communicate them that I am ready to pay for the notice period of 1 month), and take records/copies of these communication and stop coming to office. In this process will I be legally correct with my action? I do not have any bank resource in my possession and also no work/task/assignment is pending at my end. This point will also be written. 

I just want to know if above action makes me safe legally? Thank you

Dr J C Vashista (Advocate)     27 May 2014

Decide fast and act as per your concious, no impediment or illegality. 

1 Like

Niladri Sekhar Jyoti (MT)     27 May 2014

Thank you everyone for your valuable suggestions and guidance. I have much clarity on the issue now. And can proceed further. Thanks again to all for the time and efforts you have put.

Best Regards

Niladri

T. Kalaiselvan, Advocate (Advocate)     27 May 2014

as you have mentioned that you are ready to compensate in lieu of the statutory notice period, you can very well tender your resignation and can indicate your decision to compensate the company suitably as per the rules in this regard.  There should not be any problem in this regard.

Kumar Doab (FIN)     28 May 2014

The learned experts have given valuable advise. Kindly follow it. The query has been discussed in another thread too at: https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U4WB6EeBmXV

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