You have posted that:
--------“my offer letter says that during the probation period my employer can terminate me without any prior notice andit is silent as to what procedure should I follow for quitting the job.”
The contract of employment should promote equitable discretion.
If employer can terminate without any notice so should be the discretion of employee as well.
--------“It further says that once I am a permanent employee I'l have to serve a two months prior notice before I quit the job and if i fail to do so I' l have to pay two months salary .
My offer letter also says that I am a temporary employee here. “
This implies the notice period becomes applicable once the employee becomes permanent in employment. Currently you are not a permanent employee. Such order of confirmation should be in writing.
It is general law that whenever there is any ambiguity in terms of contract then benefit of doubt will given to party who don’t make the contract.
Employee should submit resignation in writing under proper acknowledgment, preferably thru redg. post.
Employee should endeavor to separate with a pleasant note. However if the work environment, processes, culture, conduct is not good employee may not appreciate it……………………in writing.
If possible employee should tender some reasonable notice…………..This would help the employer to put his house in order and install replacement. This shall help the employee as employer won’t be able to look for avenues to charge that abrupt termination has caused him loss…………………and/or the tasks and company assets are not properly handed over……………………and/or the exit formalities as in some HR policy of the company are not complied with by the employee……………..
The reason for separation if any may be stated in resignation in balanced words without emotional outbursts.
You may address the notice/resignation to good office of appointing authority and quote the relevant clauses of the appointment letter and point out that the notice period is not applicable………..hence you are resigning with immediate effect…………….or still you are tendering notice period of ………………..days and effective date of resignation/last day in office……………..is dated……………………..and all exit formalities should be completed by employer ……………………..and and ask to supply you the acknowledgment/acceptance, correct FNF statement, payment of FNF dues by bank DD, Form 16 as per correct FNF statement, PF number/account slips for entire period of service/attested copies of PF withdrawal-transfer forms(submit the forms), NOC/NDC, service/work experience certificate, relieving letter, ……………………..etc within and up to last day in office i.e. dated………………………..
The arbitrary clause if any quoted by the employer would hamper your interest in securing another better opportunity when it arises, and you may succeed to agitate against it.
What is this establishment: Industrial or Commercial establishment?
You are in which state and HO/redg. office of the company is in which state?
Is it an advocate/solicitor’s office, law firm?
In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Industrial Employment Standing Orders/Model Standing Orders. The employee that falls within the definition which has been provided under the said enactments would be protected up to that extent.
In absence of coverage under enactments, the notice period would be dependant upon the advertisement calling for applications, letter of appointment, employment agreement the standing orders/service conditions……………………
Resignation can be without permission or notice.
Any policy in the larger interest and beneficial to both employer and the employee has the sanction of law as otherwise it will be easily termed as arbitrary.
