hi,
i am facing a very serious problem.i was working with one of the stock images company.i was on probation of 6 months but due to some serious issue i had to resign within 3 months.i went on leave from 29th december 2012 till 2nd january 2012 but later i could not go but i was keeping my company informed through mail.later on 4th january 2012 i mailed my resignation.on which they did not replied for long then again i mailed resignation on 14th january 2012 on which they replied they will not give my salary of december as i did not served notice period.on contrary they did not mentioned rules and policies of company in my appointment letter but there was a clause mentioned that you will be governed by the company policies.even when i mailed them resignation they never informed me about the notice period to be served.as i was o9n probation i dont think i was required to serve any notice period.pls reply soon.
thnx
From India, New Delhi
i am facing a very serious problem.i was working with one of the stock images company.i was on probation of 6 months but due to some serious issue i had to resign within 3 months.i went on leave from 29th december 2012 till 2nd january 2012 but later i could not go but i was keeping my company informed through mail.later on 4th january 2012 i mailed my resignation.on which they did not replied for long then again i mailed resignation on 14th january 2012 on which they replied they will not give my salary of december as i did not served notice period.on contrary they did not mentioned rules and policies of company in my appointment letter but there was a clause mentioned that you will be governed by the company policies.even when i mailed them resignation they never informed me about the notice period to be served.as i was o9n probation i dont think i was required to serve any notice period.pls reply soon.
thnx
From India, New Delhi
Hi Priya SSW
I may say that even though the appointment letter did not contain any rules and policies, it contained a clause that you are bound by the company's policies.therefore the clause is binding on you. If the company's policy contains a clause that an employee who resigns during probation, has to give notice of resignation, then you are bound to give such notice.If the company's policy does not insist on such notice dutring probation, you need not issue notice of resignation. From the reply of the company to you on your resignation, it appears that the company has such stipulation in it' e[policy. Please gt at ascertained.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234/ Mob: 09930532927
From India, Mumbai
54I may say that even though the appointment letter did not contain any rules and policies, it contained a clause that you are bound by the company's policies.therefore the clause is binding on you. If the company's policy contains a clause that an employee who resigns during probation, has to give notice of resignation, then you are bound to give such notice.If the company's policy does not insist on such notice dutring probation, you need not issue notice of resignation. From the reply of the company to you on your resignation, it appears that the company has such stipulation in it' e[policy. Please gt at ascertained.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234/ Mob: 09930532927
From India, Mumbai
As I mentioned dey never informed me abt any notice period to be served.even when I gave my resignation I asked them if I need to handover some work then also they never replied about notice period.now when I knew about the policy I accepted to do the notice period but they say dat dey hav accepted my resignation.I never said to no to any policy but they never informed me.inspite of asking for rules they never gave me rules and policies.and also want to know if it is right to deduct full salary of month though I was not a confirmed employee.they even replied aftr 10 days of my resignation.
From India, New Delhi
From India, New Delhi
Hi PriyaSSW
Though they insisted on notice period initially on receiving your resignation, they have accepted it now when you are prepared to give them the notice period.It means they have waived the notice period on their own. Therefore they can pay the wages back to you.You can thus politely write a letter to them thanking them at the outset for accepting your resignation and waiving the notice period and requesting the refund of your salary for December without indulging in any blame game that they did not inform you about the rules and policies.In situations like your's where the finanacial or career stakes are not high, discretion and tact is the right approach rather than taking recourse to legal remedies .
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
Though they insisted on notice period initially on receiving your resignation, they have accepted it now when you are prepared to give them the notice period.It means they have waived the notice period on their own. Therefore they can pay the wages back to you.You can thus politely write a letter to them thanking them at the outset for accepting your resignation and waiving the notice period and requesting the refund of your salary for December without indulging in any blame game that they did not inform you about the rules and policies.In situations like your's where the finanacial or career stakes are not high, discretion and tact is the right approach rather than taking recourse to legal remedies .
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
dear saiseven,
i have been very polite and gentle from the very first day of my resignation.i have thanked them and asked them as to when can i collect my dues instead of replyin back with respect they say that its unfortunate that i dint read there rules and policies manual,though there was no such rules and policies manual available.i think 1 month notice period was not be served anyways as i was not a confirmed employee.i am left with no other option but to take a legal action and send them a legal notice.
as far as i think they are in no mood to pay me my salary.but dont you think its company responsibility to get the rules and policies signed from an employee.as i never even signed any policy.
From India, New Delhi
i have been very polite and gentle from the very first day of my resignation.i have thanked them and asked them as to when can i collect my dues instead of replyin back with respect they say that its unfortunate that i dint read there rules and policies manual,though there was no such rules and policies manual available.i think 1 month notice period was not be served anyways as i was not a confirmed employee.i am left with no other option but to take a legal action and send them a legal notice.
as far as i think they are in no mood to pay me my salary.but dont you think its company responsibility to get the rules and policies signed from an employee.as i never even signed any policy.
From India, New Delhi
Dear Priya,
Of course you have an option to seek remedy to your problem through legal system but it is expensive, time taking and worrisome. It is always better to go over to them and discuss the matter with them on one to one basis and see for redressal and also look forward to a new job, which I hope you are also doing. Please remember if you havent asked the copy of rules/policy on record, things are not going to be so easy.
Wishing you luck.
Regards
S.K.Johri
From India, Delhi
Of course you have an option to seek remedy to your problem through legal system but it is expensive, time taking and worrisome. It is always better to go over to them and discuss the matter with them on one to one basis and see for redressal and also look forward to a new job, which I hope you are also doing. Please remember if you havent asked the copy of rules/policy on record, things are not going to be so easy.
Wishing you luck.
Regards
S.K.Johri
From India, Delhi
Hi Priya
When matters reach courts, the facts become disputable and therefore the strength of your case depends up on the quality of evidence you have in your support. Therefore, try to settle the matter within the four walls of your organisation. You can now write a letter sounding more formal, intimating them that you sent your resignation letter on........ and when you were prepared to comply with the notice period, your resignation was accepted and thus the company on it's own volition waived the notice period and therefore it cannot at the same time withhold the salry for the month of ................. in violation of the company's policy. Further inform them that you have worked for the month of December ... and thus earned your salary and therefore the salary is due to you under the laws of the land and request them to pay it accordingly without any further delay. You can take future course of action after seeing their response to this.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
When matters reach courts, the facts become disputable and therefore the strength of your case depends up on the quality of evidence you have in your support. Therefore, try to settle the matter within the four walls of your organisation. You can now write a letter sounding more formal, intimating them that you sent your resignation letter on........ and when you were prepared to comply with the notice period, your resignation was accepted and thus the company on it's own volition waived the notice period and therefore it cannot at the same time withhold the salry for the month of ................. in violation of the company's policy. Further inform them that you have worked for the month of December ... and thus earned your salary and therefore the salary is due to you under the laws of the land and request them to pay it accordingly without any further delay. You can take future course of action after seeing their response to this.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
I think the response of the company was on expected lines.
An employee has taken leave, resigned after by mail, not bothered to come back to do the hand over. She has not even bother to speak to the company at the time of resignation.
it is natural that the company will treat such employees with contempt and distrust.
Every company follows a policy of at least 1 month notice period. If probation is without notice it will be clearly stated. 15 days after leaving on seeing u are not getting paid, suddenly u have a change of heart and offer to do notice ? You expect company to trust to do proper work during your so called notice period ? They probably have appointed someone else. What will they do with you ? And how will they trust you ?
There is very little chance you will get your dec salary.
In case of your legal proceedings, company will simply show your refusal to serve notice period and your case will be thrown out and probably with cost.
From India, Mumbai
An employee has taken leave, resigned after by mail, not bothered to come back to do the hand over. She has not even bother to speak to the company at the time of resignation.
it is natural that the company will treat such employees with contempt and distrust.
Every company follows a policy of at least 1 month notice period. If probation is without notice it will be clearly stated. 15 days after leaving on seeing u are not getting paid, suddenly u have a change of heart and offer to do notice ? You expect company to trust to do proper work during your so called notice period ? They probably have appointed someone else. What will they do with you ? And how will they trust you ?
There is very little chance you will get your dec salary.
In case of your legal proceedings, company will simply show your refusal to serve notice period and your case will be thrown out and probably with cost.
From India, Mumbai
Dear saswata banerjee,
i will request you to read my situation carefully and then reply.
i was continously in touch with the company,i have even asked with company to inform me if i need to handover any work to them but they never replied.i even asked them to inform me if they have time i would like to come and meet them.they were not picking my calls then how could i talk with them.
On contrary probation period itself means that company can terminate the employee at any point of time if they think employee is not worth it and sameway if employee is not feeling comfortable he/she can also leave.I never said no to notice period on contrary i asked them if i need to handover some work.i was never informed about any company policy though several times i asked for it.its HR responsibilty to get the policies in notice of the employees.
from the very first day of my resignation i was keen to serve the notice period,its not because of the salary.it was not a change of heart at ny point.i even served my client the way i should when i was working there even after my resignation.
From India, New Delhi
i will request you to read my situation carefully and then reply.
i was continously in touch with the company,i have even asked with company to inform me if i need to handover any work to them but they never replied.i even asked them to inform me if they have time i would like to come and meet them.they were not picking my calls then how could i talk with them.
On contrary probation period itself means that company can terminate the employee at any point of time if they think employee is not worth it and sameway if employee is not feeling comfortable he/she can also leave.I never said no to notice period on contrary i asked them if i need to handover some work.i was never informed about any company policy though several times i asked for it.its HR responsibilty to get the policies in notice of the employees.
from the very first day of my resignation i was keen to serve the notice period,its not because of the salary.it was not a change of heart at ny point.i even served my client the way i should when i was working there even after my resignation.
From India, New Delhi
Definitely you are right... during your probation there is no requirement to serve the notice from the both parties ie. employee & employer. One more thing which you told that same was not mentioned at your appointment letter, is important factor to keep your words before the management.
thanx..
manish rai
From India, Allahabad
thanx..
manish rai
From India, Allahabad
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