Labour & Industrial Laws
As A Hr Officer
Pranjal Ankit Mundhada
1. I want to ask, that you are working as an employee or a trainee. Bcoz if you are an employee of any organization, you should get a compensation.
2. Second, generally there is no notice period during the probationary period, u have to serve the notice period, when u get confirmed with the company. Kindly confirm with ur HR person regarding this. As i dont know what eactly is written, i cant comment on that. Or else, try to settle the matter with mutual understanding of your employer.
3. regarding rest of your doubts, you should consult your HR/ Admin personnel. Discuss this matter in generalised manner, without telling your situation to them, and then decide your plan of action.
18th July 2010 From India, Mumbai
Check - whether you are in training or probation - as in probation you are eligible to get almost all compensation like confirm employee.
Please state exact statement of your offer letter for more clear views
19th July 2010 From India, Mumbai
What I understood from his mail is " He is not getting any thing as compensation (money / acco etc) from existing employer"
As probationer - I think he should be compensated with monthly salary OR lets state him Trainee / Apprentice.
When you take some1 on role of company, he should be compensated for his work unless he has been given some big training / certification / attending college kind of benefits.
I stand to be corrected !
19th July 2010 From India, Mumbai
Before giving an answer to your question first let me introduce myself, This is Krishnaveni working as a HR Manager and joined newly in this site.
Hi to all my friends and the employees who are visiting to this site. I wish all the very best for your future. Really, i am happy that today i became one of the member among you all to share the knowledge. Once again Hi.......
Krishhema, my knowledge and experience says that notice period of one month or two months are not applicable for those members who are in the probation period. Only after the completion of the probation period u are eligible for the terms and conditions of the company. This is one of the reason where we dont give any paid leaves to the persons who are in probation period. If u get a good opportunity now discuss with the management if u are really a good performer definitely they will consider your case. and may opt you the better salary as more than your better offer, but if still they insist that you have to give a notice period as they gave you lot of training and all to work with them then serve the notice period of one month. As you steped into the present office with a good motive so dont spoil the relationship. And at the sametime inform in the new office that u cant come immediately you need to handover all ur duties and responsibilities for the assigned person and also tell them to wait for one month and you will join as early as possible.
Hope my opinion will give a good suggestion or advise to you and all of my citeHR friends.
bye for now
19th July 2010 From India, Hyderabad
You have to serve the notice period , because it is mentioned in your offer letter & which you excepted at the time of joining .You have already given the approval on this term ,so no other way either you serve the notice period or you pay for it.
19th July 2010 From India, Mumbai
You stated that you have received only a offer letter, i don't think the offer letter contains anything about the terms and conditions except very few basic informations. If you don't receive any susequent letter of appointment order with detailed terms and conditions from your employer, don't worry no rule cannot bind you to serve the notice period.
My advise is, please go through the order once again carefully, the appointment letter might have an alternative option instead of notice period by means of paying your salary. Generally, during the probation notice period will not apply for the employee, since the title itself probation ( Training ).
Also, I don't understand that the concept of without compensation, do you mean that are you working for free of cost. If yes, don't bother your notice period, you straight away submit your resignation and challenge the issue. Because, it is your survival as well the exploitation by the employer.
Again advicing you before doing so read carefully whatever the letter you have and ask your collegues about the practice of the company similar case like you for better understanding.
Giving positive or negative advise by others are very easy, but you should be very cautious on your determination as per the prevailing circumstances.
19th July 2010 From India, Madras
If you have an urgency to join the new organization, then you should talk tothem about your notice period in the current company. If they are ready to wait there is no issue. But if they want you to join on an urgent basis, tell them that the current company may not give you an experience letter. other than that they can't do anything as you are not paid.
This is what i feel.
19th July 2010 From India, Pune
Generaly Probationer dont need to give any notice period or compensation if he leaving the job during the period of probation period.
I am also suggesting you to see the standing order of your compnay if your compnay have certfied standing order.
In standing order this should be mentioned clearly.
20th July 2010 From India, Delhi
20th July 2010 From India, Madras
Well, yes you are obliged to comply with these terms and conditions which you accepted when joining the Co.
By saying "without compensation" maybe you mean "without confirmation" ( I am only guessing). Surely you would not be working without compensation.
If you are required to give one month's notice before leaving the Co. during thje probationary period, well, you have to comply with this stipulation.
20th July 2010 From India, Mumbai
1. You have Zero Compensation.
2. You are on probation.
and you want to leave early.
There lies always a clause where if employee don't want to serve the notice period has to give salary in lieu of. So if that is zero...you possibly don't have any problem in leaving.
Still I am not the subject mater expert...so discuss the things before taking any action. One should always take justified approach to be successful in life...this is what i believe.
Thanks & Regards
20th July 2010
An Employee and Employer relatonship bound with a mutual understanding with the norms and the works. As you are in probition period you can left you job anytime or the organization can relieved you anytime. But, if you have something in written and the parties had accepted then you as well as the organization have to follow either it is one one notice or payment in lieu of notice (no salary for the month).
If you are getting a good opportunity to growth then you can go ahead for the opportunity. Discuse with your Exsisting HR if they allow to leave the job with your salary then its well and good else choose the new opportunity salary should not be matter in front of your Growth/Career because good opportunities always deos not knock your door.
20th July 2010 From India, Chandigarh
20th July 2010 From India, Calcutta
I 've 8 years of work exprience in HR related activities. So, generally I have agreed with the Suggessition of Mr. Pselvam.
In our contry's law;
1/ Probationra period for Non managerial position is 45days.
2/During this period all benefits are secured,except Profident Fund.
3/ Either of the Contructing parties can terminate contruct of employment by giving immediate notice.
Hence,please refer *your countries labour law
*your terms & conditions of employment
*consult Exprienced employees of ur company & HR Manager proffessionaly.
20th July 2010 From Ethiopia, Addis Abeba
You are obliged to grant leave as per provisions of either the Shops Act or the Factories Act, whichever is applicable.
21st July 2010 From India, Mumbai
Even if you are not a confirmed employee, you are bound by the terms of your Appointment Letter. When signing the same, you have agreed to the terms and conditions stipulated therein.
One will have to go by the terms and conditions stated in the Appointment Letter even during Probationary Period. If there is a Notice Period Clause, well you are bound by it.
22nd July 2010 From India, Mumbai
Appointment order of the company is their correspondence and confirmation of employment only to a candidate/ employee. it can controll an employee to be with them under their standing order but cannot controll a person who is going out while dont have willing.
As per the minimum wages act, a minimum compensation should be paid to every one including apprentices. but what the company doing is a malpractice and also a crime against law just like a slavery.
there is no statutory law compelling one to work without any intention and willing. it is against the basic indian penel code.
good sugessions given by purnima and krishnaveni.
ASM - Statutory & Labour compliances.
30th July 2010 From India, Madras
Appointment letter is an correspondence to a candidate and an afidevit to an employee mentioning that, he is governing by the company's standing order.
But it is not an statutory thing to controll one who doesnt like to serve there.
As per the minimum wages act, every employer should have to pay an amount of minimum compensation to the employee in training / probation and also to the apprentice too. otherwise it is an punishablae offence under labour law and criminal law. To seems it like a slavery.
So there is no any law compelling one to be in a company compelsarily. while it is against the basic conspiracy of our judicial/ indian penel code.
Especially one under probation need not be there even a single minute while he is not a specialised worker, but a trainee. he need not give any compensation or notice to the employer. you can immediately resign And leave the place without any hesitation.
ASM - Compliances.
30th July 2010 From India, Madras
Your employer has offered you the employment with certain conditions and you have accepted the offer, therefore, you should fulfill all the essential element of contract as stated in your appointment / offer letter.
31st July 2010 From India, Calcutta
i got placed and they gave an appointment letter as it includes that i am on probation period. so m not exactly getting that weather i got final placed or as per ma performance they will give me final offer at the end of probation period..??
plz let me know...
Thanks and Regards,
23rd December 2014 From India, Pune
As I have given my resignation in my company but now they are not providing my experience letter and asking to serve 1 month of notice period where as its never anywhere mention in my offer letter or in any documents of company not even through mail also.
And I'm working from past 1 and half year, as it is a broking firm so they never pay salary they pay only commission.Now my company is giving the excuse of my one of the client issue that he/she is not permitting them to release it.As they never mention this before in any documents , the agreement is get signed between company and client I was just acting as a mediator, so I want to know that what legal action I can able to take against company and the client if required.Because as per my knowledge client can't be enter into company's internal affairs.
Please guide me to proceed further
30th June 2015 From India, Bangalore
Hi. I joined a company 3 months before. The company has given only offer letter in which notice period of 2 months is given. I had accepted the offer letter. The company has not given any appointment letter.Now due to dispute at my village house, I may have to quit in 2/3 days. Can I resign without service notice period . Will it be legally ok. What will be the consequences.
19th October 2018