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suman (Sr Sales executive)     08 October 2010

I dont want to serve notice period

Hi,

I have just started working with a software company in noida since last 1 month.Iwant to leave it as soon as possible as i cannot tolerate the unnecessary pressure,

.the clauses in apointment letter are as follows:

My probation period is 6 months.And during the probation period,either parties may terminate services by giving 30 days notice period.

By accepting this appointment letter,you agree to work for the company for minimum 1 year,failing which you would compensate the company with an amount equal to 2 months of salary at that point of time.

Now, the problem is I cannot bear even a single day there.I want to leave this job soon.

Kindly guide me are these clauses enforceable in law.

I dont want to serve the notice period coz teh pressure there is affectng my health as well in the form of  depression and tension.

 

Please suggest.



Learning

 12 Replies

Guna Shekaran R (LAWYER)     08 October 2010

Opt for Paying 2 month's salary as compensation and come out the company, which will save you from mental pressure.

Apply leave and decide. 

 

Suchitra. S (Advocate)     08 October 2010

The agreement signed by you with the employer is enforceable. In my opinion, as per clauses of the agreement it is better for you to give notice to the employer giving your health issues as a reason for terminating the employment within these 6 months. If you fail to do so, and simply keep away from attending the office, the employer has every right to sue you for compensating him as per the agreement clause.

adv. rajeev ( rajoo ) (practicing advocate)     08 October 2010

I do agree with Suchitra

suman (Sr Sales executive)     08 October 2010

But is it true an agreement is enforceable unless it is on stamp paper.Not on letter head of a company.Moreover,Is int like  bonded labor which has been abolished in Indian law long time back.

suman (Sr Sales executive)     08 October 2010

Moreover it is a mental harrasment as i am asked to come to work on sat and sunas well.what do u suggest on this .

Sarjooram Sharma (Assistant Labour commissioner)     08 October 2010

Any agreement which is against the law is not binding. In the probation period, the employer can retrench you without any notice period. In the same way you can also leave the job without any prior notice. 30 days notice is required for the persons who have served at least one year or 240 days in a calander year. The condition of three moths notice is required in the establishments having 100 or more employee and the person who has served there for one year or 40 days, three months notice is required from either side. For leaving the job, there may be provisions in the certified standing orders of the establishment for which you can ask and see. The there is no standing order, there is no provision of given 30 days or 90 days prior notice if you are in probation period.

1 Like

Mugundhan (Lawyer)     09 October 2010

Respected Sarjooram Sharmaji, whether  a senior executive of a software company is a workman, under the Industrial disputes Act?
 

prashant1314 (HR Learner)     10 October 2010

Dear Mugudhan,

 

Any employee who is not either manager or  supervisory category are workmen as per ID act

1 Like

R.Ramachandran (Advocate)     29 October 2010

Dear Mr. Suman,

Firstly, the clauses are enforceable in law, since you have signed the Agreement.

According to you, there is a clause which says that your probation period is 6 months.And during the probation period,either parties may terminate services by giving 30 days notice period.

You say that you have just completed one month's job.  So you are still in probation period.  Only notice of maximum 30 days is required.  The question of serving for one year minimum and minimum 2 months notice period etc, will apply when you are confirmed after probation period. 

Now either you give 30 days notice, or give 30 days salary back and quit if as you say you cannot continue even for one day more in the company.

Raj (supervisor)     16 December 2010

I joined this co since 6 weeks back and the profile is totally different and currently I am simply idle and wasting my skills .......Notice period in the oppint ment letter is 90 days

what If I leave with one month notice and 2 months to buy out .. as the other Org is ready for this

what can i do if present co do not agree for this ....

Jagdish (Manager-Business Coordination)     17 March 2011

Dear friend,

If you are in your probation period, you have a contractual obligation to give 30 days prior notice and get emancipated from the job.

Once you elapsed the probation period, you have another option to give 2 moths notice and quit the job.

Please mention the ground for resignation in  your application as ill health.  (You need not undergo any medical examination if the employer instructed other than before a Medical Board constituted by the Medical Law Board)

Jagdish.K

+91 9947662384

Jagdish (Manager-Business Coordination)     17 March 2011

Originally posted by :Jagdish
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