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Nikita Kapoor   21 August 2022

Resignation notice period under probation

Hi, I need legal advice regarding one issue

I joined the firm in Mar-22 and my manager resigned a month after that and left the firm in May after serving his notice. In month of Jun I single handed worked and performed his duties and mine as well by working at nights and my CFO promised to not bring any other person beside manager and assured me he would promote me as AM. In mid of Jun he told me that AM was coming and asked me to still work with full dedication as he was satisfied with my work. After new AM came he messaged around 10 : 30 at night to complete some work on refusal and asking it wont be done on that day , he texted to come to office next morning. After all this I decided to resign.

since i was on probation period and no appointment letter was given to me at time of joining and neither I signed any appointment letter , I served around 11 days , since CFO was continuously harassed me over mail regarding handover process , where HR was also in loop and no action was taken. I just wanted to leave the firm and even working mid nights and handled full job of manager level with my routine work my notice pay was deducted. I inform HR that they knew main reason why I left and also said i did not receive any appointment letter and nor signed any. After month of that  in August they mailed appointment letter and said you should have downloaded from system and no sign is required even though there is no official signature of HR head on that letter .

Please guide me what I can do or not to do.


 2 Replies

Chirag Bellaney   26 September 2022

Ideally filing a complaint with Labour Commissioner would be suitable as they have sent email lately in August, hence it is a case of engineered emails and shows their unprofessional and unethical pratice of code of conduct of the company

However, it would be prudent you may consult a labour law expert


1 Like

Nikita Kapoor   26 September 2022

Hi Sir, This is Nikita and I already go to labor officer and he did arranged meeting but since it is one of biggest paper industry , officer said me I am not covered under labor law as I am in accounting profile and this is labor court for people who are not educated they said me to collect the amount that firm is giving as being female I have to go through various processes which I cant handle. So they said I am bind to deduct my notice pay as i have not served as it was company policy .

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