Greetings! Learned Team
I would like to share my case and would need you guidance.
I worked for a Madhya Pradesh based IT company for 16 Days . As I didn't like the work and its culture , so I decided to quit .
As per my offer letter:
1 ) I need to give a notice period of two month in case I decide to quit. It does not mention any thing , if this notice period is during probation or after permanent. Also it does not talk about , If I need to pay in lieu of notice period in case I don't serve it. As per letter, It says company reserve right to not give my salary in lieu of remaining notice period and will not accept money in lieu of Notice period as offered by me.
My queries are as follows:
1) Am i required to serve any Notice period when my period of service is 16 days (less than 30 days) if yes how many days/months as per Labor law in India.
2) Can a company keep same Notice Period both for probationary and Permanent employee. Is this not injustice from side of employer where he has not given right to employee to make his decision , if he doesn't like the work.
3) No where in my offer letter and appointment letter it has been mentioned that I need to pay in lieu of Notice Period , in case I am not able to serve it.
4) How Shop and Establishment act of MP help employee who are in probation.
5) I don't need any relieving letter or certificate from company.
6) My resignation was accepted by company as I was not a critical resource to them immediately.
7) Can Company file a law suit againt me , if i defer to pay them in my case.
Please help me in understanding this problem and suggest suitable solution for future action.
I would love to call, if somebody want to consult me.
Regards
Gaurav
From India, Pune
I would like to share my case and would need you guidance.
I worked for a Madhya Pradesh based IT company for 16 Days . As I didn't like the work and its culture , so I decided to quit .
As per my offer letter:
1 ) I need to give a notice period of two month in case I decide to quit. It does not mention any thing , if this notice period is during probation or after permanent. Also it does not talk about , If I need to pay in lieu of notice period in case I don't serve it. As per letter, It says company reserve right to not give my salary in lieu of remaining notice period and will not accept money in lieu of Notice period as offered by me.
My queries are as follows:
1) Am i required to serve any Notice period when my period of service is 16 days (less than 30 days) if yes how many days/months as per Labor law in India.
2) Can a company keep same Notice Period both for probationary and Permanent employee. Is this not injustice from side of employer where he has not given right to employee to make his decision , if he doesn't like the work.
3) No where in my offer letter and appointment letter it has been mentioned that I need to pay in lieu of Notice Period , in case I am not able to serve it.
4) How Shop and Establishment act of MP help employee who are in probation.
5) I don't need any relieving letter or certificate from company.
6) My resignation was accepted by company as I was not a critical resource to them immediately.
7) Can Company file a law suit againt me , if i defer to pay them in my case.
Please help me in understanding this problem and suggest suitable solution for future action.
I would love to call, if somebody want to consult me.
Regards
Gaurav
From India, Pune
3131
Greetings! Team
I am attaching document related to offer letter and appointment letter. Just to highlight My offer letter doesnot contain any terms or rule in regards to probation letter.
- Like what is notice period , I need to give in case of resigning within Notice Period and No where it has been mentioned that I need to pay in lieu of Notice Period.
Hope these documents help.
Regards
Gaurav
From India, Pune
I am attaching document related to offer letter and appointment letter. Just to highlight My offer letter doesnot contain any terms or rule in regards to probation letter.
- Like what is notice period , I need to give in case of resigning within Notice Period and No where it has been mentioned that I need to pay in lieu of Notice Period.
Hope these documents help.
Regards
Gaurav
From India, Pune
The company has asked you to give 2 months notice as what is written in your offer documents.
Your probation period is 4 months as such.
You are bound by Para 14 of the termination policy as shown by you.
The company may or may not pursue you if you leave without formalities as stipulated.
So take a call based on a complete reading of all the documents attached in full.
From India, Pune
Your probation period is 4 months as such.
You are bound by Para 14 of the termination policy as shown by you.
The company may or may not pursue you if you leave without formalities as stipulated.
So take a call based on a complete reading of all the documents attached in full.
From India, Pune
As per documents there is no mention of pay in lieu of Notice Period, Can company bound me to Pay for Notice Period?. Also does Shop and Establishment act bring some relief when Service period is less than 30 days in terms of Notice Period ?
Also , is this lawful when employer don't give equal opportunity to employee during probation Period. Is it right as per definition of probationer by Indian Labor law.
I have already left company and joined a new firm. Every thing was happy ending, neither I was asked back then to serve Notice Period by HR , Nor they reminded me to Pay anything. They Accepted my resignation immediately , As I didn't liked the work. Now this scenario of using this contract to earn from employee is really up-to mark?
From India, Pune
Also , is this lawful when employer don't give equal opportunity to employee during probation Period. Is it right as per definition of probationer by Indian Labor law.
I have already left company and joined a new firm. Every thing was happy ending, neither I was asked back then to serve Notice Period by HR , Nor they reminded me to Pay anything. They Accepted my resignation immediately , As I didn't liked the work. Now this scenario of using this contract to earn from employee is really up-to mark?
From India, Pune
Whatever may be the working days but you have to serve 'notice period' as per your terms of appointment.
Your intention is not to go by notice period and also not want any relive letter against your appointment, is onesided view. You can stay-off your own. The management is free to take legal action for the violation of contract of appoinment by you, if required.
Are you sure that the HR Manager of previous company is not a member to this forum?
From India, Mumbai
Your intention is not to go by notice period and also not want any relive letter against your appointment, is onesided view. You can stay-off your own. The management is free to take legal action for the violation of contract of appoinment by you, if required.
Are you sure that the HR Manager of previous company is not a member to this forum?
From India, Mumbai
I am not worried if HR of that super respected company is over here or not, He or she may take x no of action as per their will, The motive over here is to understand what Indian Labour Law and Shop & establishment act provide to candidates who are in Probation and how when I am not contract maker, Why I should be paying for such a immature contract which even not classify or specify obvious things!
Also My idea over here is not to present one sided view but to understand Can a company write such one sided contract which does not give equal opportunity to employee to choose his option when employer doesn't suit to his promise. by the way for your knowledge there are existing laws to protect employee in such cases in some states but not pan India:
As per Bombay SE Act there should be no notice period applicable if employee has served for less than 3 months. You may however check with Inspector under SE Act or ALC at your location and obtain latest version of the Act applicable to your state from Dept. Of Labor website of your state or market. SE Act is applicable to IT companies.
From India, Pune
Also My idea over here is not to present one sided view but to understand Can a company write such one sided contract which does not give equal opportunity to employee to choose his option when employer doesn't suit to his promise. by the way for your knowledge there are existing laws to protect employee in such cases in some states but not pan India:
As per Bombay SE Act there should be no notice period applicable if employee has served for less than 3 months. You may however check with Inspector under SE Act or ALC at your location and obtain latest version of the Act applicable to your state from Dept. Of Labor website of your state or market. SE Act is applicable to IT companies.
From India, Pune
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