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jomonkv@gmail.com
Sir,
I am working in a private company, and before completing my probation period (6months) I have given my resignation. In this condition is I am eligible for experience certificates. I have given my resignation on my 5month of probation.
Jomon

From India, Kochi
skhadir
288

Dear Mr. Jomon,
Since you had served your employer for 6months or less, irrespective of your employment norms/conditions(probation or permanent) and as long as you were under the payroll of your employer, you can seek experience letter. The major objective of EXPERIENCE LETTER is to support your genuine service period and OFFER LETTER you had received.
Along with your relieving letter, please do collect your experience certificate from your current employer.
With profound regards

From India, Chennai
gvivekraj
1

A probation is a period where the employee will surely pay you the salary or put you on role, the name probation came into existence that you are still a learner - and the employer has no commitment to retain you / give you a position that is agreed, it is always provided how good you performed in your probation.
Read through the offer letter - and the terms of your probation. if they garenteed anywhere in the offer letter that this position is permanent and not determinent of your performance to make this job permanant. I agree with what Shaik has mentioned.
- Vivek

From India, Bangalore
GENEXX TOWERS
Friend,
First of all why do you need an experience certificate from an organization where you were unable to complete probation ?
Secondly,you are already in possession of your offer letter / appointment letter and payslips of all the months you worked , all of these should be sufficient to testify your purpose.
Warm regards,
Sourav Mukherjee

From India, Bangalore
Madhu.T.K
4193

Dear Vivek,
Probation is not applicable only to those who join the company for the first time but is applicable when an employee is given a new assignment including promotion. It is a period during which his ability to perform the work at desired standards is evaluated. Therefore, there is nothing wrong in putting an employee under probation when he is given a promotion. That doesn't mean that if he resigns he cannot get any experience letter. Therefore, unless otherwise provided in the certified standing orders of the company or the appointment letter, a probationer is eligible to get service certificate from the employer. This is applicable when an employee is terminated during the period of probation also.
Regards,
Madhu.T.K

From India, Kannur
saiseven
54

sub- resignation during probation

Mr.Jomon

It is not known from the details furnished by you whether your company is covered under the model standing orders framed under Industrial Employment(Standing Orders) Act 1946 and whether you fall within the category of 'workman' under Sec.2(s) of the Industrial Disputes Act 1947. If so, the model standing orders normally contain a provision with regard to service certificate. For example, the model standding order (1) framed under Industrial Employment(Standing Orders) Central Rules 1946 stipulates that every workman is entitled to service certificate. If your company is covered under model standing orders of the state in which it is located,you have to refer to them to ascertain this aspect.

Irrespective whether or not you are covered by the Standing Orders Act oand the model standing orders, you have inherent right to service certificate from the employer for the service rendered by you even during probationer.

B.Saikumar

HR & Labour Law consultant

Chipinbiz Consultancy. Pvt.Ltd

Mumbai

Tel: 022-28324234

From India, Mumbai
free training
Hi
Resignation during Probation and Experience Certificate are two separate issues.
The employer cannot deny the Experience Certificate for the service rendered during Probation Period.
As well said by Mr. Saikumar you have a right to seek Experience Certificate.
kumar

From India, Mumbai
neelesh_novartis
Dear Sir, I would like to know the difference between Resignation and Notice Period given to the company and what is the implication in both the cases? Nilesh
From India, Gandhidham
free training
Hi
Resignation is a letter intimating the employer about leaving the service for good. A resignation letter may or may contain Notice Period. Whereas Notice Period is a part of the Resignation and it specifies the Period upto which the individual would be in service in other words it would specifically state as to when the individual would leave the service.
kumar

From India, Mumbai
neelesh_novartis
Dear Mr.Kumar, thanks a lot for the prompt reply.Further to this I would like to know, if someone gives notice, is he/she entitled for whole month's salary - even if the notice is accepted with immediate effect?
Nilesh

From India, Gandhidham
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