Notice period


Dear Sir/Madam,

I work in a pvt organization in Kolkata.

As per my employment agreement my probition period is 6 months from date of joining. 

During my probition period my notice period was 30 days and upon confirmation of service it is 60 days.

I have completed over 16 months in this organization but till date no confirmation and not even any communication for extension of my probition period.

There is no such clause in my agreement that of automatic confirmation upon completion of 6 months.

I do not find any hope now and I want to leave this company hence I resigned and I am not willing to serve notice period.

As per my agreement 30 days notice during probition period and 60 days notice during confirmation.

There is no such clause stating if I donot serve notice , I have to pay 1 month salary to company.

Now as per agreement my probition period which was upto 6 months from date of joing is over many months backs and after that no communication from employers end.

In the past few people served notice but company didnot pay their last month salary and didnot give any relieving or experience letter which is important to join new organization.

In this context I want to know whether company can take any action if I donot serve notice period, legally.

Regards,

 

 
Reply   
 
Consultant

Probation, unless extended in writing cannot be treated as extended. If you don't serve notice period, you would be liable to pay salary equal to the period short of notice period. They can recover legally also.

 

 

 
Reply   
 


FIN

Originally posted by : JIGYASU: Cool Critic
Probation, unless extended in writing cannot be treated as extended. If you don't serve notice period, you would be liable to pay salary equal to the period short of notice period. They can recover legally also.

 

 

It is Grossly wrong.

There are many illustrated threads on similar query at LCI.

 

 
Reply   
 
FIN

The probation to confirmation depends specifically on language and circumstances inserted in service rules/conditions darfted by employer and signed with employee.

The courts of law in Republic of India have delivered judgments covering probation and confirmation.

The understanding of querist seems to be clear, as per mater posted in query.

The notice period is part of service conditions and any T&C inserted by employer that is violative of extent enactments;  applicable to employer/establishment  and employee shall be VOID, good for nothing..............would not prevail ...................is of no effect.

 
Reply   
 
FIN

Originally posted by : avinash sen
Dear Sir/Madam,

I work in a pvt organization in Kolkata.

As per my employment agreement my probition period is 6 months from date of joining. 

During my probition period my notice period was 30 days and upon confirmation of service it is 60 days.

I have completed over 16 months in this organization but till date no confirmation and not even any communication for extension of my probition period.

There is no such clause in my agreement that of automatic confirmation upon completion of 6 months.

I do not find any hope now and I want to leave this company hence I resigned and I am not willing to serve notice period.

As per my agreement 30 days notice during probition period and 60 days notice during confirmation.

There is no such clause stating if I donot serve notice , I have to pay 1 month salary to company.

Now as per agreement my probition period which was upto 6 months from date of joing is over many months backs and after that no communication from employers end.

In the past few people served notice but company didnot pay their last month salary and didnot give any relieving or experience letter which is important to join new organization.

In this context I want to know whether company can take any action if I donot serve notice period, legally.

Regards,

 

 

Your understanding seems to be correct.

Such employer is unworthy of being emplyed with.

 

 
Reply   
 
FIN

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You have posted reply to some points and some are guessed.

 

However; Post your reply pointwise and I shall attempt to share wholeheartedly with you.

 
Reply   
 
FIN

12. The word, “relieving” itself must be understood in the ordinary parlance because it is not defined in ......................Court. The meaning of the word “relieve” .....................is – “to free or clear a person from an obligation”

 
Reply   
 
FIN

Many querist from your state and even union leaders and even lawyers have posted queries........... and similar queries,.................and we have supported them wholeheartedly. 

 
Reply   
 

What is this establishment; Commercial, Industrial?

  • Commercial . It is registered as BPO

What is its nature of business say; IT, ITeS?

  • BPO

 How many persons are employed in it?

  • 23

What is your designation and nature of duties?

  • Deputy Manager. Data Analyst role

How many persons report to you?

  • Nil

 Do you have any power to sanction leave/increment/appoint/terminate/appraise etc  ?

  • No

You are in which state? – West Bengal

Since how many months you are working? – 16 months

Are you under probation period or your service is confirmed in writing?  

  • As per my agreement, my probation period was upto 6 months i.e. Nov 2016. After which company did not extend in written my probation nor confirmed me. However I work there and got salary.

 

Do standing orders (model/certified) apply to establishment and your designation?

  • I don’t know . I am not aware

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

  • Notice period 30 days under probation and 60 days on confirmation.
  • I have resigned and not serving notice period.
  • There is no such clause in my appointment that if I don’t serve notice I have to pay salary of equivalent month.

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

  • Never

Does the establishment have its appraisal system?

  • Self appraisal was submitted twice. But our organization never revert

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date?

  • I have Copy of Self appraisal submitted by me.

How was your performance?

  • Our supervisor or owner never evert on the self appraisal submitted. They are too busy.

Are you a member of employee’s/trade unions?

  • No

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 My organization has given me offer letter and appointment letter.

  • Salary Slip is given to us occasionally. I don’t have salary slip for all months.
  • PF account opened last month. ESIC card opened last month. I have not opted for PF.
  • Form 16 provided for last year.

Acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC

  • No. They don’t provide any Acknowledgment and acceptance of notice of resignation/final resignation.
  • Full and Final settlement they give only if they terminate people. If someone resigns then they do not respond to the resignation.

 

 
Reply   
 
FIN

Originally posted by : avinash sen
Dear Sir/Madam,

I work in a pvt organization in Kolkata.

As per my employment agreement my probition period is 6 months from date of joining. 

During my probition period my notice period was 30 days and upon confirmation of service it is 60 days.

I have completed over 16 months in this organization but till date no confirmation and not even any communication for extension of my probition period.

There is no such clause in my agreement that of automatic confirmation upon completion of 6 months.

I do not find any hope now and I want to leave this company hence I resigned and I am not willing to serve notice period.

As per my agreement 30 days notice during probition period and 60 days notice during confirmation.

There is no such clause stating if I donot serve notice , I have to pay 1 month salary to company.

Now as per agreement my probition period which was upto 6 months from date of joing is over many months backs and after that no communication from employers end.

In the past few people served notice but company didnot pay their last month salary and didnot give any relieving or experience letter which is important to join new organization.

In this context I want to know whether company can take any action if I donot serve notice period, legally.

Regards,

 

 

Dear LCI Querist @ Mr. Avinash Sen,

I have already posted that you have attempted to have clear understanding of the matter.

 

 
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