URGENT ...Resignation without Notice Period during Probation
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lavena_dsouza Started The Discussion:

Dear Frds,

Please inform me if there is any LAW stating the Notice period to be served:

1) By the Employee, if the Employee is under probation?
2) By the Employer, if the Employee is under probation?

3) By the Employee & Employer if the employee is confirmed.

Request for a urgent reply along with the reference of the law.

Best Regards,
Tina

AnandR -  Member Since: May 2007
There are no specific Labour Law as such on whether an Employee is supposed to give a notice period after resignation. It is an agreement entered by both Employee & Employer that each of them would give suffucient notice period after resignation or firing an employee subject to the conditions as written in the Employment offer. This is irrespective wehtehr on probation or confirmed.
If there is no sufficeint notice period given it amount to breach of agreement.

Please relook at the employment letter. It always favours the Organization action.

Hope this helps.
Anand

bushb -  Member Since: Jun 2007
Mr. Anand’s statement is correct you go through your employment letter which was issued by organisation to employee at the time of joining. Regards Bhushan

lavena_dsouza -  Member Since: Mar 2007
Dear Anand,

Well this clause of Notice period is there in our HR Policy, the same was not signed by this employee due to oversight by HR Dept. He has not contacted the HR dept before leaving the company and has directly informed his HOD and left.

Now can you inform me if he is still liable to serve the notice period of 15 days as per our policy.

Please reply urgently

Best Regards,
Tina

AnandR -  Member Since: May 2007
This is a contratual agreement. Irrespective whether he has signed it or not. The reason he has been drawing the salary based on the letter of offer which means he has agreed for the terms and conditions. It depends on what project he is working on. Say in a R&D setup if a Engineer is employed it involves lot of Confidential drawings and if he leaves the company without any notice, the Company can publish in The Newspaper about the risk of higiring him as well as the Company if suffered any dmage can file a Suit (criminal Case) under court of law.
If he runs away from the office you cant do anything about it as the current market is vulnerable and you get job everywhere and employers currently are not too concerned about the experice certificate. I face this regularly and I live with that!!!
Anand

prasad164 -  Member Since: Jul 2007
Hi Tina,
your query is replied seriatim.

1) By the Employee, if the Employee is under probation?
The employers generally keep the term of notice period in appointment letters to be given by hte employee/probationer in case of resignation.


2) By the Employer, if the Employee is under probation?

Generally, the employers keep a term in teh appointment letter that the services of teh probationer may be terminated at any time without prior notice and also without assiging any reasons to the probationer. So it is Obvious that employer may terminate the services of probatione without any notice.


3) By the Employee & Employer if the employee is confirmed.

if the employment is confirmed, both the parties are required to give notice in case of termination/resignation of employment by either side.

in view of the above, you need to check your appointment letter, whether there is any such clause therein ? If it is there, you will have to serve the notice period or otherwise you may resign with immediate effect.


reagrds

Prasad

bhushan dahanukar -  Member Since: Jun 2007
Dear Tina,

There is no specific provisions made under law for notice period. This is agreement between employer and employee. The terms & conditions mentioned in appointment letter.
If employee resigns during probation, he can leave without giving notice to employer & employer need not deduct any notice pay from his dues. But if employee is confirmed & leaving in short notice, then as per terms about notice period, the employer has to deduct notice pay deduction from his legal dues.

regs,
Bhushan Dahanukar

hrananth -  Member Since: Nov 2006
1. Office Hours

The normal working hours are 9.00 AM to 5.30 PM with 30 (thirty) minutes lunch break, Monday through Friday and 9.00 AM to 1 PM on Saturdays.

2. Probationary Period:-

You will initially be on probation / training for a period of Six (6) months from the date of commencement of employment, after which, your performance will be reviewed and if found satisfactory, your appointment will be confirmed in the Company on any additional terms and conditions. If your performance is found unsatisfactory, the probation / training period may be extended until the Company expressly confirms your employment. This probation / training period would be computed excluding any leave that you may take, for any reason, during the Six (6) months immediately following the date of commencement of employment.

During the period of probation / training you would be imparted with training and on successful completion of the training; your services may be absorbed by the Company. You would have to execute the Bond Agreement at Schedule .

During the period of probation, any severance of relationship either from your side or from the Company’s side could be affected by either party giving to the other, Thirty (30) days written Notice of their intention to severe the relationship of Employer-Employee.

3. Confirmation:-

At the end of the period of probation/training your services will either be confirmed or your probation / training extended depending on your performance that would be monitored every quarter.

On confirmation of your employment, any severance of relationship from the Company’s side could be effected by giving you, Ninety (90) days written Notice of our intention to severe the relationship of Employer-Employee. However, in the event of any Misconduct or on any Omission or Commission committed by you, which would prejudice and be detrimental to the interest of the Company, the Company is entitled to terminate your employment/Services with immediate effect with or without prior notice.


4. Whole time service/employment:-

After the successful completion of the probation / training your Services may be retained/engaged by the Company on a whole time basis; You shall not engage or associate yourself directly or indirectly in any manner, whatsoever, in any other Post or Work Part time or pursue any Course or Study without the prior written permission of the Company. You shall not directly or indirectly be connected with, concerned, employed or engaged in any other business or activities whatsoever, without the prior written permission of the Company nor will you be entitled to accept any Emoluments, Commission or Honoraria whatsoever on any account.

capricornabhi -  Member Since: May 2007
Dear Anand,

I would like to differ from your opinion. If the employee has not signed the agreement i.e. the appoinment letter, then he is not liable to serve the notice period as there is no comtract per the provision of Indian Contracts Act. And if its a case of normal resigning without serving the notice period(And the appointment letter is also not issued) then i think it will be unethical to publish in newspaper.


Regards


Abhishek

sachinjuneja3@gmail.com -  Member Since: Sep 2008
Hello all,

Here it looks my story is going on.. Pls guide me

Is it necessary to serve notice period even it is written in Appoitment letter which states employee shoud give 1 mth notice..

Whats Indian Law states to this...

Need Urgent Reply...

Regards

S J




 
 
 
 





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