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Ranvijay Singh (NA)     22 May 2013

Probation period

Hi I am working in a limited company & i want to resign in probation period (3 Months Completed) but they saying to me that we cant give you relieving letter, Kindly suggest me they are right or wrong & what should i do & please find the below things which is clearly mention on appointment letter

 

 

You will be on probation for a period of six month during which the services can be terminated on a notice period of 15 days or salary in lieu of notice period from either side.

Relieving is subject to acceptance and clearance as per policy



 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 May 2013

If you want relieve from the job, you have to pay salary in 15 days advance. If every thing is o.k. you will get relieving letter

Ranvijay Singh (NA)     22 May 2013

Thanks for suggestion sir, as i discussed with employer they saying we dont want to give you 15 days notice & also we can not give you relieving letter, they also saying companies not providing relieving letter for probation period, So still i need to pay them 15 days salary & also i already work for them 15 Days they dont give me salary for 15 days, please suggest me sir

Kumar Doab (FIN)     22 May 2013

 

 

Did you submit notice of resignation in writing under proper acknowledgment and serve the full notice period of 15 days?

If yes company can not claim notice pay from you.

Company can not claim any fee for issuing relieving letter.

 

Relieving letter is issued post all settlements by employee e.g. handing over the charge/company property, and signifies there is nothing due against the employee and employee has been properly relieved.

 

There is provision for issuance of service certificate on the last day in office in IESO Act/model Standing Orders.

 

You may submit a representation addressed to good offices of appointing authority/MD, with list of payables by you to company if any, payables by company to you, affirm that you have handed over the charge/company property (if any), served notice period of 15 days and thus have complied to the bilateral agreement as in appointment letter dated …………issued to you and now company should supply you the acknowledgment/acceptance of notice of resignation, acceptance of resignation, work experience/service certificate, reliving letter, correct FNF statement, payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, PF number, PF a/c slip, attested copies of PF withdrawal/transfer forms ( you may submit the forms), NOC/NDC etc  by redg. post only so as to be received by you say in …………days.

 

If the good offices also do not provide relief you have the option of approaching your lawyer, Trade Union leaders, o/o Labor commissioner, Inspector under Shops and Establishments Act of your state, Wages Inspector under Payment of Wages Act………

 

 

Ranvijay Singh (NA)     22 May 2013

Hello sir,

 

Thanks for giving such important suggestion, I have sent two mails to them as per below

 

first one is

 

Dear Sir,

Due to some unavoidable & personal reasons i am not able to continue my job,
Kindly accept my resignation & release me from my services accordingly
and suggest me for further process.

 

 

Second one is

 

Hi Ankita,

 

As discussed with you over phone you suggested me i need to drop a resignation mail from official email, So I came to office & drop a resignation mail for the same.

 

I want to serve my notice period as per process required and also as per my appointment letter, so please suggest me to serve notice period & then release me with my reliving letter.

 

Also,  I discussed with Dheeraj Sir and he ask me to leave for the day and he said that will come back to me after talking to HR department for the same.

 

Kindly suggest me for the same.

 

 

Kumar Doab (FIN)     22 May 2013

 

Following are only suggestions…………

 

Visit office again by next day and everyday, and don’t remain absent until you are advised in writing not to attend the office during period of notice of resignation.

Otherwise the line managers/HR may mark you absent; having absconded, having abandoned the employment and may block all payouts and proper relieving.

 

If they ask you verbally not to attend the office submit an email from your official email id forward to personal email id and if it is not permitted as per some policy of the company, write a letter (2 copies: One original and carbon copy or photocopy)  and obtain acknowledgment from reception where all dak of company is received and obtain company seal and signature with date on your copy.

Sign in register maintained at reception with date and time and click copy.

Mobile is useful and handy. Keep some witness with you.

 

If they do so everyday and do not allow you to enter office submit representation to good offices of appointing authority, MD that your entry in office is being blocked and you are not being allowed to work in office during your period of notice however you are reporting/attending office everyday.

 

Forward the second email to your personal email id and/or take a printout and also obtain acknowledgment from Ankita for having received this email and having accepted the notice of resignation.

 

Consult elders in the family, competent and experienced well wishers, lawyer /law firm and draft your representations in consultation with them.

 

You may adopt your strategies as suitable and workable at your end.

 

 

 

 


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