Resignation in probation period without appointment letter

Originally posted by : charlie dcruz
	i work for a corporate kitchen and have joined the company 5 months ago, but my MD thinks im unproductive even after i have set a lot of things right in the company, he has appointed me at a top post of the company.  but of late i have been under major stress but i have still been able to perform my duties. now i am about to send my resignation to my MD even though he has not issued me a appointment letter or any document holding me legally to the company. i have spoken to him on the phone and told him my intentions of wanting to quit my job on an immediate basis for which he has stated the following.  i have to give a 1 months notice to the copany if i do not give the notice , i will have to forfit 1 months salary for the same.  my question is  Without an appointment letter, do i still have to give a 1 month notice ?  why should i lose 1 months salary in lieu of a 1 months notice without an appointment letter and also under probation ?  what should i do to put down my papers and stop being threatened by the MD.  pls advise on this urgently.    regds    Charlie

or

Serve lomotil laced soup to everyone befoer you leave.  Let them not get out of toilet for 1 week.

Does establishment has its certified standing orders and does it cover your desigantion?

Has employer in any writen communication, before/on/after joining conveyed that service rules shall be as per ……………..policy and it is avialble on employee portal ……………..?

If there is employee portal and rules/policies are kept there then check if any rule/policy applies to your desigantion on T&C of notice period and notice pay in lieu of notice period and also rate of notice period.If there is NO such policy downlaod screenshots.

In case there is None then you have the option to submit a gentle communication on resignation mentioning NO document on  notice period and notice pay in lieu of notice period (rate of notice period) is isued to you……………….and also available at…………..(attach links if you wish).

If it suits you, you may add that you tender notice period of……………….days. Submit under proper acknowledgment.

During this period downlaod the attendance, handover charge under proepr acknowledgment, obtain NOC/NDC and that NO tasks are pending at your end, NO loss is caused by you. 

Obtain FnF statement, service certifcate, relieving letter with good comments.

Clear BGV and join next.

Thereafter you can rake up the issue of Notice pay.

In FnF statement employer shall compute earned wages/bonus/leave encashment/incentives etc etc…………and may even  adjust notice pay.

In FnF statement if Notice pay is adjusted don’t accept it and request to correct.

Or you may convince the MD/CEO that T&C of notice period and notice pay in lieu of notice period does not apply to you and request to not to apply it.

Each employee has its own aptitude.

Chosse what suits you.

Draft your communications as per your aptitude.

Originally posted by : charlie dcruz
	i work for a corporate kitchen and have joined the company 5 months ago, but my MD thinks im unproductive even after i have set a lot of things right in the company, he has appointed me at a top post of the company.  but of late i have been under major stress but i have still been able to perform my duties. now i am about to send my resignation to my MD even though he has not issued me a appointment letter or any document holding me legally to the company. i have spoken to him on the phone and told him my intentions of wanting to quit my job on an immediate basis for which he has stated the following.  i have to give a 1 months notice to the copany if i do not give the notice , i will have to forfit 1 months salary for the same.  my question is  Without an appointment letter, do i still have to give a 1 month notice ?  why should i lose 1 months salary in lieu of a 1 months notice without an appointment letter and also under probation ?  what should i do to put down my papers and stop being threatened by the MD.  pls advise on this urgently.    regds    Charlie

What is this top post?

If you share details, further response can be possible.

The notice perid may not neccessarily be applicable to you.

yes. you still need to serve the notice.
there is a contract already binding in your records with the employer

you are in a peculiar situation . You work without a contract or appointment letter . It is better that you serve your notice , get  your F&F , a certifiacte if possible and get out of that place . Do not create further complications that shall add to your stress and you won't get any relief as well . consider this as a lesson well learnt and carry on with your life .

Have you signed a contract as pointed in above posts?

Or have you given acceptance to some contract even if by email?

Try by applying your skills: persuasion, persistence, reasoning, negotiations, if you can get waiver (of notice/pay informed verbally to you).

Your employer may agree by its discretion.

Or serve notice period, get NOC/NDC, acknowledgment and acceptance of notice period and final resignation, salary slip of all months, correct FnF statement (showing computation of earned wages/leave encashment/bonus/etc etc ), Form16 as per correct FnF statement, service certificate, relieving letter, PF a/c slips/ESIC card (if applicable) and bid goodbye…………….

Is it some arrangement by your own sweet will or need that you have not signed any contract, appointment letter and don’t want to leave any trace of employment and earnings?

If yes, our MD has helped you a great extent.

Don’t spoil the relationship with such person and

Either

Serve notice period

Or

Tender notice pay and keep the relationship for future.

If this is not the reason and you have not signed any contract, appointment letter and don’t want to serve notice period and tender notice pay, confirm, and post response to the points raised in this thread.