I was working with a Private Limited Company in Thane as a TRAINEE OFFICER - ACCOUNTS from June 1st, 2010, with a CTC of Rs. 60,000 p.a. Recently, I left the company (in April 2011) because I got a better opportunity. I was on a training period of 6 months and a probation period of 6 months. Before the completion of my probation period, I left the services. There was no mention of a NOTICE PERIOD in the Appointment Letter. Now, the employer wants me to complete a notice period of 30 days, although there was no such mention anywhere in the Appointment Letter.
My queries are:
1) Can the Employer take action against me due to my immediate resignation?
2) Since I was on the probation period, was it mandatory for me to give a notice period, although there was no such mention in the appointment letter?
3) What suitable actions can I take against him (Employer) if he tries to harass me by sending mails or over the phone?
4) What are the legal steps I can take against him to challenge him?
From India, Mumbai
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My queries are:
1) Can the Employer take action against me due to my immediate resignation?
2) Since I was on the probation period, was it mandatory for me to give a notice period, although there was no such mention in the appointment letter?
3) What suitable actions can I take against him (Employer) if he tries to harass me by sending mails or over the phone?
4) What are the legal steps I can take against him to challenge him?
From India, Mumbai
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Dear Kaushal,
I have reviewed your offer letter, and there is no clause mentioned that specifies the need to serve a notice period. However, I am concerned that your manager might raise the issue when providing you with the relieving letter or experience letter.
To the best of my knowledge, employees are typically required to serve a maximum 15-day notice period during their probationary period if such a clause is mentioned in the offer letter.
According to your offer letter, the company/manager is not obligated to take any action against you, but you do have the option to take action against them. Initially, you should send a polite request via email to your manager. If there is no response, follow up with a warning email. If any issues persist, you have the option to seek assistance from the Labor Law Court.
Note: Ensure that all communication is documented via email.
From India, Bangalore
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2I have reviewed your offer letter, and there is no clause mentioned that specifies the need to serve a notice period. However, I am concerned that your manager might raise the issue when providing you with the relieving letter or experience letter.
To the best of my knowledge, employees are typically required to serve a maximum 15-day notice period during their probationary period if such a clause is mentioned in the offer letter.
According to your offer letter, the company/manager is not obligated to take any action against you, but you do have the option to take action against them. Initially, you should send a polite request via email to your manager. If there is no response, follow up with a warning email. If any issues persist, you have the option to seek assistance from the Labor Law Court.
Note: Ensure that all communication is documented via email.
From India, Bangalore
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Withdrawl of Resignation and Notice period.doc
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