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kumar delhi (NA)     21 January 2010

Resignation in Probation period

 Dear All,

Please advice on the below matter.

I have joined a private limited company in November 2009, and during the last 2 months i came to know that the company's financial condition is very bad and they are totally unorganised in terms of the work culture.

I would like to relive me from this company immediately, the terms of appointment letter is that 3 months notice period have to be served in case of termination.

However, there is probation period clause in the appointment letter which states that first 6 months will be the probation period and during the probation period employment can be terminated by either party without notice.

if i am correct than i can resign with refernce to the probation period clause in my resignation letter.

Further the company had not paid the salary to its staff since dec 09. I am very sure that once i put my resignation they would not pay my salary dues till the date of my resignation.

My questions are: 1) is there any notice period required in my resignation letter.

2) is they can reject to relive me. and

3) how can i proceed if they would not pay my dues.

please advice

 

Thanks 

 



Learning

 7 Replies

R.R. KRISHNAA (Legal Manager)     21 January 2010

Since the probation clause clearly says that you can relieve yourself without notice period, you can submit your resignation letter mentioning the said clause and seek the salary for the period you have worked.  You are right in resigning in this probation period.

 

The company cannot reject to relieve you.

 

Regarding your dues speak to the management and if they fail to settle the dues, issue a legal notice and then file a case.

V. VASUDEVAN (LEGAL COUNSEL)     21 January 2010

 I agree with the advice of Krishna. A piece of additional advice. Before joining a new company please have a back check, to the extent possible in the industry/market for its work culture and financial status

vasudevan

kumar delhi (NA)     21 January 2010

Thanks Mr Krihnaa and Mr Vasudevan for your kind advice.

I have put my resignation letter accordingly giving reference of probation period clause and request to pay my salary dues.

I am waiting now for their action, would like to have your advice about the time period till which i have to wait for their reply, and we can presume that the resignation letter has been accepted in case of non reply for that time period.

Thanks 

 

Vivek (GIS Analyst)     27 December 2011

 

Dear Sir,

I am working with a pvt. firm, I joined this firm on August 22, 2011 and serving my duties as probation period. I have put my resignation on Dec.09,2011, in which I may mentioned that I will be serving 1 month. 

In my offer letter I found the following clauses

7) Probation: You will be on probation for a period of 6(Six) months. During the probation period the company will be entitled to discontinue your services with immediate effect without assigning any reason in case your performance is not found satisfactory. At the end of the probation period your performance will be reviewed. If your performance is found satisfactory, you will be confirmed in your position. The Company may however, waive, reduce or extend the probation at its discretion.

 

The probation shall be deemed to have been extended automatically unless notified otherwise, in writing.

 

8) Notice Period I Termination: Your services will be liable for termination on 60 days 'notice from either side without having to assign any reasons therefore; or 60 days basic salary in lieu thereof (as per Company's rules) will be payable by the party terminating the employment to the other party.

In the event of your serving on the company a notice of termination of employment by submitting a resignation letter, the company shall have the option to waive the notice period partly or fully without paying you any salary or compensation for the notice period so waived and also to decide: (i) whether the notice period shall  run concurrently with the period of any leave which may be granted to you; and ( ii) whether your notice period.

should stand extended to the extent of the leave availed of by you.

I am ready to pay the remaining basic pay, but HR has refused to do so. I want to leave this organization, as the work environment is also not favorable for growth.

Kindly guide me, in this case how to take the relieving letter.

 

Awaiting for your reply.

 

Kind Regards

Vivek Gaikwad

Kumar Doab (FIN)     27 December 2011

@ Kumar Delhi,

Learned experts/members have given valuable advice. Kindly follow it.

You can resign with immediate effect citing the clause of separation during probation period.

It is felt that it is always good if employee can give some notice say 7 days. It is a good gesture and employer is put on notice to firm up replacement and settlement of dues of separating employee. Employee should submit company property under acknowledgment, and thus  NDC issued is always useful.

Employee can hint in gentle words the reason for separation that salary is not paid for the last two months (like in your case and since this employer is not the one employee would like to continue with). This shall clarify that employer is unworthy of being employed with.

You may post a reminder by registered post followed by email and demand your wages etc ( give details) to be paid and all your experience certificate etc to be supplied to you say within 7 days by redg/speed post.

If the employer does not revert, which is expected in case of such employers, you may lodge a complaint with o/o labor Commissioner/wages inspector. Let them suffer queries and penalties.

 

Kumar Doab (FIN)     28 December 2011

@ Vivek,

You are separating after 3.5 months of employment. You have posted the reason as "the work environment is also not favorable for growth." Kindly allow to reiterate that employee should also carefully find out about the company from experienced peers, colleagues, consultants, web sites and join after satisfaction. The candidates/employees who move methodically and consult before hand, seldom face inconvenience, teething problems, loss.

While in your case you are eligible to separate but how would you justify your tenure of 3.5 months to recruiters in future.

Any company good or bad would not like to be treated as hoping/training ground and take their efforts to recruit and train for a ride.

This could be the reason of approach of HR in your case.

The conditions expressed in your appointment letter as posted by you are not sever or harsh.

You may quote the termination clause and mention in writing by letter (followed by email)  addressed to good offices of your appointing authority, Head-HR, MD, that subsequent to your notice of resignation dated........... With effective date of resignation as dated.......you are willing to tender notice pay for the shortfall in notice period for .........days @ basic salary as described in your appointment letter at clause number..........and company should inform you in writing that this notice pay shall be adjusted in FNF statement. The acknowledgment of your notice of resignation may be supplied to you immediately and acceptance of resignation, settlement of your dues, FNF payment, FNF amount by bank DD, work experience/service certificate, relieving letter, form 16, PF number and PF accumulation report, PF withdrawal/transfer form, NDC/NOC should be supplied to you by hand within your last working day, and charge should be taken from you under acknowledgment.

You may enclose a list of dues at your end e.g company property, advance/imprested cash if any and list of dues/payables by company to you and request the good offices to check and confirm the same and let you know for the variances if any to avoid any los of time, funds at the end of both the parties.

You may mention during this one month period you are willing to train the designated employee and company should inform you well in time about this and to whom company property should be submitted under acknowledgment.

If you are willing to do so you can enclose the cheque for notice pay of 1 month @ basic pay along with your letter and mention the cheque number in your letter.

Julie Baldwin   29 January 2020

In the probation period sometimes there is the requirement of resignation that is here for all. According to some specific details, ivory research review is giving the proper ways that are here to present the proper ways.


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