Not completed probation period

kindly send your employment letter/appointment letter copy alongwith the demand notice recived from the company. the said notice needs to be responded at the earliest so that if the company goes to court you will have a defense. otherwise it will be termed as an after thought.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Dear Sir,

As far I worked with company, i didnt received any appointment letter from company. I just accepted the offer letter of the company provided post joining. 

Regards,

R. Deepak Kumar

It is felt that you were in probation period when you resigned and as per offer letter issued to you, notice period for both company and employee is 3 months.

 Has the company notice period for termination by both employer and employee during probation period separately?

It is felt that 3 months notice period during probation period is unreasonable.

Notice period is part of service conditions. The service conditions are stated in standing orders of the company, appointment letter, statue….

Designation alone does not decide employee is a workman or not.

Model Standing Orders:

13.          Termination of employment.- (2): ………………….. no probationer ……….shall be entitled  to any notice or  pay in lieu thereof if his services are terminated ,………………………..

Notice period is also stated in shops and establishments act of the state.

E.g;

The Delhi Shops and Establishments Act

30. Notice of Dismissal.: (2)  No  employee  who  has  put  in  three  months’  continuous  service  shall  terminate  his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

{Implying for service period below 3 month’s notice period is NIL}

COMMENTS

(a) Applicability of section 30:…………………….In the absence of any standing orders or any contract between the employer  and  the  contesting  respondent  containing  any  particular  terms  or  conditions,  the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954

(b) Notice or wages in lieu thereof under section 30—When to be given?

A plain reading of section 30 of the Act would make it clear that whereas the notice of one month under sub-section (1) is for the benefit of the employee, the notice under sub- section (2) is for the benefit of the employer.

{Implying 3 months long notice period is obviously for the benefit of employer}

You may approach a labor consultant/service lawyer at your location, show all of your documents, give inputs in person, and submit a fitting reply to the demand letter of the company/legal notice arranged by the company.

well elaborated by Mr Kumar Doab