Hi,
I was working in a well known organisation for a month as a Trainee.I had to discontinue mt services due to one health problem & I am even going to get operated soon.finding the work unsuitable for my health for a longer period to come i resigned.I had already conveyed the message to my boss on 30th of Oct that i wont be able to continue.He even agreed through an sms.I didnt even ask for my one month salary.Later the HR called me and told me to come to the company give formal resignation, pay to the company 2 months salary,complete all formalities & then leave.Now its been a week I have left the job.I even sent them a formal mail for approving my resignation along with my medical certificate.They acknowledged it but are telling me to come & pay to the company & complete all formalities.Now firstly I cannot & do not want to go to the company again as I am not fit & cant go so far for a month.Secondly they are telling me to pay 2 months salary.Whereas in my appointment letter its no where written for trainees the termination has either 2 months notice period or 2 months salary or I was not even told about this before.I came to know this now.In my appointment letter its written of 3 months notice period or 3 months salary which I guess is not applicable for me as I am a trainee.And I didnt even ask for salary as I had health problem which happened suddenly.Now they have mailed me to come and clear all dues by this week & even exit formalities.I dont want to pay them I cant afford to actually as I have suffered lot of loss as I didnt get paid plus my 1month travel expense & above that now they asking me to pay for another month to clear 2 months.But I wasn't aware of this.Please help me.I dont want to go to the company & even dont want to pay them.Also want to solve this matter soon.Even would like to know if i dont go there & dont pay them will they take any legal action against me or trouble me?? please help me to come out of this soon as I am going to get operated in few days & want to be tension free.
From India, Mumbai
2I was working in a well known organisation for a month as a Trainee.I had to discontinue mt services due to one health problem & I am even going to get operated soon.finding the work unsuitable for my health for a longer period to come i resigned.I had already conveyed the message to my boss on 30th of Oct that i wont be able to continue.He even agreed through an sms.I didnt even ask for my one month salary.Later the HR called me and told me to come to the company give formal resignation, pay to the company 2 months salary,complete all formalities & then leave.Now its been a week I have left the job.I even sent them a formal mail for approving my resignation along with my medical certificate.They acknowledged it but are telling me to come & pay to the company & complete all formalities.Now firstly I cannot & do not want to go to the company again as I am not fit & cant go so far for a month.Secondly they are telling me to pay 2 months salary.Whereas in my appointment letter its no where written for trainees the termination has either 2 months notice period or 2 months salary or I was not even told about this before.I came to know this now.In my appointment letter its written of 3 months notice period or 3 months salary which I guess is not applicable for me as I am a trainee.And I didnt even ask for salary as I had health problem which happened suddenly.Now they have mailed me to come and clear all dues by this week & even exit formalities.I dont want to pay them I cant afford to actually as I have suffered lot of loss as I didnt get paid plus my 1month travel expense & above that now they asking me to pay for another month to clear 2 months.But I wasn't aware of this.Please help me.I dont want to go to the company & even dont want to pay them.Also want to solve this matter soon.Even would like to know if i dont go there & dont pay them will they take any legal action against me or trouble me?? please help me to come out of this soon as I am going to get operated in few days & want to be tension free.
From India, Mumbai
Dear swati.gal27,
Firstly, I suggest you to get well, go through the operation & then think about solving this issue. Your company is already aware about your health issue hence, you should not worry.
Then read the clause properly. Is there anything specific written about Trainees or Probationary employees notice period. The clause you've mentioned does not specify anything & hence can be assumed that it is the same for all the employees & so for you too.
This completely depends on your company whether they would like to go legal or not. But if possible you can sit across the table & solve the issue.
From India, Ahmedabad
Firstly, I suggest you to get well, go through the operation & then think about solving this issue. Your company is already aware about your health issue hence, you should not worry.
Then read the clause properly. Is there anything specific written about Trainees or Probationary employees notice period. The clause you've mentioned does not specify anything & hence can be assumed that it is the same for all the employees & so for you too.
This completely depends on your company whether they would like to go legal or not. But if possible you can sit across the table & solve the issue.
From India, Ahmedabad
Hi Swati,
As this is not mentioned in your appointment letter or informed to you at the time of joining, then you don't have to make any payment. Legally also there will be no problem. Incase they have given you any kit or any other things given while joining that firm, kindly arrange it to be returned.
So Swati please relax and now take care of your health.
Get well soon........................
Regards
Anita
From India, Mumbai
As this is not mentioned in your appointment letter or informed to you at the time of joining, then you don't have to make any payment. Legally also there will be no problem. Incase they have given you any kit or any other things given while joining that firm, kindly arrange it to be returned.
So Swati please relax and now take care of your health.
Get well soon........................
Regards
Anita
From India, Mumbai
Dear,
Relax and take care of your health first.
As you worked only a month that means you are in probationary period and during this period mostly the notice period doesn't imply. Go through the clause of Probationary period in your appointment letter and revert.
But be comfort as your one month experience is not going to add value any where and you may start as a fresher somewhere else.
Regards,
From India, Hyderabad
Relax and take care of your health first.
As you worked only a month that means you are in probationary period and during this period mostly the notice period doesn't imply. Go through the clause of Probationary period in your appointment letter and revert.
But be comfort as your one month experience is not going to add value any where and you may start as a fresher somewhere else.
Regards,
From India, Hyderabad
The problem with her is not whether to show that experience or not. The concern is very clear that whether the company would go legal for notice pay or not.
From India, Ahmedabad
From India, Ahmedabad
Hello,
Legally speaking, as your resignation is not yet 'Accepted' by the company in writing you are still in the employment of the company. You can withdraw your resignation any time before it is accepted. You certainly are not liable to pay 2 months wages as you have resigned and not given notice to leave employment. In law these are different concepts. Employer can choose not to accept Resignation but there is no question of accepting or refusing 'notice'. Further it seems there is no notice clause in your appointment letter. Therefore the demand of the company is totally unjustified and illegal.
You can take action accordingly.
Best regardsSameer Paranjape ,
Advocate ( Labour Law Consultant ) Pune ,
9850083760
Share knowledge ....... gain knowledge .......
From India, Pune
Legally speaking, as your resignation is not yet 'Accepted' by the company in writing you are still in the employment of the company. You can withdraw your resignation any time before it is accepted. You certainly are not liable to pay 2 months wages as you have resigned and not given notice to leave employment. In law these are different concepts. Employer can choose not to accept Resignation but there is no question of accepting or refusing 'notice'. Further it seems there is no notice clause in your appointment letter. Therefore the demand of the company is totally unjustified and illegal.
You can take action accordingly.
Best regardsSameer Paranjape ,
Advocate ( Labour Law Consultant ) Pune ,
9850083760
Share knowledge ....... gain knowledge .......
From India, Pune
Dear All,
Firstly thank you for your concern.
My resignation request which was sent by sms as well as email with attached medical certificate has got approved.
My doubt is that the HR female recently told me orally that for trainees termination it is either 2 months notice or pay. In my appointment letter which i have signed it is written 3 months notice/pay which I think doesn't apply for me if being a trainee it is 2 months .As i have worked just for 1 month & leaving due to genuine reason. So is it compulsion on my part to pay to the company 2 months salary?
Also they have told me to come by this weekend & clear the payment to company ,the exit formalities & all.But I don't want to either pay them or go there.
So what should I do in these above two problems??
Firstly understanding details given by me please tell am I legally bound to pay them 2 months salary ? secondly what will they do if they have called me to complete all formalities & pay but I avoid replying them or going there?
Please advice & help as I have got less time in hand.
From India, Mumbai
Firstly thank you for your concern.
My resignation request which was sent by sms as well as email with attached medical certificate has got approved.
My doubt is that the HR female recently told me orally that for trainees termination it is either 2 months notice or pay. In my appointment letter which i have signed it is written 3 months notice/pay which I think doesn't apply for me if being a trainee it is 2 months .As i have worked just for 1 month & leaving due to genuine reason. So is it compulsion on my part to pay to the company 2 months salary?
Also they have told me to come by this weekend & clear the payment to company ,the exit formalities & all.But I don't want to either pay them or go there.
So what should I do in these above two problems??
Firstly understanding details given by me please tell am I legally bound to pay them 2 months salary ? secondly what will they do if they have called me to complete all formalities & pay but I avoid replying them or going there?
Please advice & help as I have got less time in hand.
From India, Mumbai
Well, I don't think that for such a reason company would go legal & also that you've been their employee only for a month but if they want to set a trend to show their employees they might make you guinea pig. You can avoid paying & in ADDITION also any legal proceedings only if you have a verbal communication with them. And, when nothing is specified in the appointment letter you are not legally liable to pay them. But, check if the company policies (other then appointment letter) mentions such clause.
From India, Ahmedabad
From India, Ahmedabad
I think you're confused between trainee and probationer.
A person on probation usually serves 7-15 days of notice period. A confirmed employee serves 1 to 3 months of notice period. A trainee is not necessarily on probation unless explicitly specified. So the clause for a trainee are the same as mentioned in the clauses. However, it would be candidate's responsibility to enquire and clear any doubts before accepting the offer.
Now in your case, if you had forwarded your resignation on even via email to the HR when you mailed it to your Sr, it might have made a difference. Ofcourse, rules cannot be changed even if we take into consideration the genuineness of your problem.
However, what you can do is go and meet the HR in person and try to explain why is it diff for you to travel and serve the notice period. Also mention that you were not informed about the seperation clause and neither was it mentioned in the offer letter (I doubt if they would buy it, as I said before also, you too never asked about it but there's no harm in trying.) Carry all your medical certificates.
Also just to inform you, it is the duty of a candidate to tell the HR about any health issues he/she has before you even join. This will help them make a decision or consider your candiature in better way.
All the best.
From India, Mumbai
A person on probation usually serves 7-15 days of notice period. A confirmed employee serves 1 to 3 months of notice period. A trainee is not necessarily on probation unless explicitly specified. So the clause for a trainee are the same as mentioned in the clauses. However, it would be candidate's responsibility to enquire and clear any doubts before accepting the offer.
Now in your case, if you had forwarded your resignation on even via email to the HR when you mailed it to your Sr, it might have made a difference. Ofcourse, rules cannot be changed even if we take into consideration the genuineness of your problem.
However, what you can do is go and meet the HR in person and try to explain why is it diff for you to travel and serve the notice period. Also mention that you were not informed about the seperation clause and neither was it mentioned in the offer letter (I doubt if they would buy it, as I said before also, you too never asked about it but there's no harm in trying.) Carry all your medical certificates.
Also just to inform you, it is the duty of a candidate to tell the HR about any health issues he/she has before you even join. This will help them make a decision or consider your candiature in better way.
All the best.
From India, Mumbai
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