Leaving during probation

refer your appointment order for taking decision.sometimes it might be mentioned in the appointment order that sometimes the probation period might be extended by the management.in such a case you would be still considered to be in probation only.in that case you can stick to one month notice

If it is stated in explicit terms that after the completion of 6 months of probation period the service shall be (deemed to be) confirmed.........................then it can be construed that after completion of 6 months service is confirmed.

If it is factory and standing orders are applicable:

---and are certified and your designation is covered by standing orders then look into certified standing orders (CSO)..........It being instrument of law shall prevail upon any private agreement that employer has drafted and signed with employee e.g. appointment letter/HR policy/contract of employment...

Standing orders are certified on the lines of Model Standing Orders.

---but not certified then Model Standing Orders shall apply.If you are covered by the def. of 'Workman' then as per Sec13......................probation Period is NIL during probation and 30 days after confirmation.

It being statue shall prevail upon any private agreement that employer has drafted and signed with employee e.g. appointment letter/HR policy/contract of employment...

The employer is bound to display the standing orders at a conspicious place and to supply the certified copy against a nominal cost say Rs10/-

You may mention in notice of resignation that you are tendering notice period of ....................days w.r.t clause no(s)..................in appointment letter dated.........................issued to you and as your service is not confirmed in writing. Let the employer write back to you. 

You may check if your office where you are located is Redg.under factory Act or (name of the state) Shops and Commercial Establishments Act.....................that was enacted to govern the service conditions of employees working in such establishments......................If yes you may look into this Act.

As per this Act the notice period is as per length of service and may be NIL in your case.This Act might not discriminate between 'Workman' and 'Non Workman'....

If you are facing difficulties and are unable to handle on your own entrust the matter to your labor Law Consultant/Service Matters Lawyer and let your counsel draft your representations..

Hi I am working with a MNC Via consultancy as a contractor, ant the consultancy pays me salary and now its been 5months i am working under contract basis . Now i got a offer in a different company as a permanent employee. and they want me to join on 16 march 2015 , as the notice email sent to me by my agency states that """As per the changed policy, the notice period has been enhanced from 15 days to 60 days. If you or the Company wish to terminate the contract at any time by giving 60 days notice or two month basic salary in lieu thereof. However due to exigencies of business, the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the company to that effect"" 

and i called the agency and i asked that i am ready to pay the 2 months notice period amount and the are not agreeing to it they are asking me to work for 2 months and then leave. i cant miss the oppertunity that i got as a permanent employee , please suggest me what to do now .

Hi I am working with a MNC Via consultancy as a contractor, ant the consultancy pays me salary and now its been 5months i am working under contract basis . Now i got a offer in a different company as a permanent employee. and they want me to join on 16 march 2015 , as the notice email sent to me by my agency states that """As per the changed policy, the notice period has been enhanced from 15 days to 60 days. If you or the Company wish to terminate the contract at any time by giving 60 days notice or two month basic salary in lieu thereof. However due to exigencies of business, the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the company to that effect"" 

and i called the agency and i asked that i am ready to pay the 2 months notice period amount and the are not agreeing to it they are asking me to work for 2 months and then leave. i cant miss the oppertunity that i got as a permanent employee , please suggest me what to do now .

You must show all docs on record e.g. offer letter/appointment letter,HR Policy/Service Rules and regulations mentioned in appointment letter, etc………notice of resignation/resignation submitted by you, and any reply of the company to an able labor Law Consultant/service Matters lawyer/law firm and let your counsel go thru each clause and language verbatim and advise you further after analyzing the docs,inputs by you and suggest the remedy.

Have you submitted the resignation in writing and do you have its proof of submission and acknowledgment?

You have posted the company has sent you a notice email and writing change in (service) conditions::::: Is it sent after you have supplied the notice of resignation/resignation?

You have posted that you are being paid salary:::: Are you getting salary slip every month and have you been given appointment letter and are you being provided with PF number/account slips,ESIC card,Form16::::: If yes you can establish employer-employee relationship.

Are you employed on FTC (fixed Term Contract)?

Is it stated in original appointment letter issued to you that acceptance of notice pay in lieu of notice period is subject to discretion of  company or this discretion has been added later ….in email mentioned by you?

Does the employee also have such discretion if employer initiates termination::: to accept or reject notice pay in lieu of notice period? If No the contract can easily be termed arbitrary!

You are in which state and your reporting office and Redg. Office of the company is in which state?

What is this establishment: Commercial,Industrial and what is its line of biusiness e.g. IT/banking etc?

How many persons are employed in it, and in how many states it has its offices/employees?

What is your designation and nature of duties?

Employee should tender reasonable notice (say 7 days in your case), in writing by letter thry redg. Post addressed to good offices of appointing authority/MD, and   mention that NO tasks are pending at his/her end…………………………and routine duties be assigned that can be completed on day to day basis within and upto LWD i.e. dated……………………..and to whom he /she should handover the charge within and upto LWD i.e. dated………under proper acknowledgment on the spot……………………and acknowledgment of notice of resignation/resignation, its acceptance,FnF statement in original (showing adjustment of CORRECT NOTICE PAY FOR CORRECT NOTICE PERIOD, Bonus,leave encashement,reimbursements, incentives,OT etc) for verification, FnF wages payment by bank DD,Form16, NOC/NDC, service certificate, relieving letter, PF number and a/c slips,ESIC card, etc be supplied within and upto last day in office i.e dated…………………

You ma reply pointwise to each point to proceed further in your query!