I Am In Probation Andcompany Asking Me To Resign Or They Will Terminate The Services. - CiteHR
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Couvery
Consultant
Premkumar Nair
Manager (hr)-retired
Sreeram70
Manager
+3 Others

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I have been with this company for last 3 months. Now As per company my selection is not matching with the profile. They says its a mistake at their end. As per them if I put my resignation they will compensate me with 2 m8nth salary. But I have to put my resignation first. Plz suggest in case company denies later to compensate me after my resignation, can I have legal help from law.
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dear navindahiya, in the given circumstances you have 2options to decide and follow: [1] you will take your money and go [2] you will fight for the justice. if you opt [1] do what they say and take money and be happy [2] if you opt for justice, put every thing in paper and ask their commitment also on a document or take some kind of assurance where your interest is safeguarded, it may be time taking but along with the hr consultant who had referred you to this company and the company hr who had screened you for appointment every body can be called as asked for an explanation by the court. the decision is in your hands. YES if they promise you orally that they will pay after your resignation and later they deny paying you then you cannot have any legal rescue. because you will not be able to prove their assurance.
All the best. JSR
Hello Navindahiya,
I wouldn't blame you for having formed an opinion that the company MAY go back reg the 2 months salary compensation--IF what you say reg your being hired is CORRECT ['They says its a mistake at their end'].
You have 2 options:
1] Take their word for it--that you will be paid the compensation & resign.
2] Tell them bluntly that IF they can hire you wrongly, then you CAN'T trust their word. So EXCHANGE your Resignation Letter & the cheque. If the cheque bounces, they know THEY will be in serious trouble.
Reg your query about getting legal help in the Worst-case-Scenario, it's always better to AVOID a situation than to get into it & look for solutions.
Another issue is: ask for the Experience & Relieving Letters ALSO along with the cheque. Even though you MAY NOT need it [given that it's only 3 months you worked here], still you never know. Also, in the WCS, IF you have any problems later, you will need these Docs to prove that you REALLY worked here.
All the Best.
Rgds,
TS
In such cases companies prepare a letter/agreement where they mentioned the relieving of the employees by paying him advance salaries. But here, if you got the same in written as you will get the 2 months salary on resigning than it will be ok otherwise you can ask them to provide the same in written.
Also, it depend on the size and band image of the company and a big or medium company with some average branding will follow what they say. Otherwise, instead of asking you for resign and agreeing on paying you 2 months salary they can simply terminate you without even telling you the exact cause as well as not paying you for the month you already worked.
So, I hope you better understand about the company and its procedures as you are working there. So, think once both ways before taking any further step.
Dear Navindahiya,
As per my experience, first you should trust the employer. Nevertheless, company might have put a clause in your letter of appointment that "during the course of your probation period, company reserves the right to terminate your employment giving the notice period" OR "after the probationary period mangement may review your perfomance for further course of employment" viz-a-viz, and therefore, if there is a clause, I dont think that there is any legality in moving to Labour Court. Further, management may say that you are not upto the mark and they are not satisfied with your performance. Normally, 90% companies commit their word. In the present market scenario, going legally is not called for and this may affect your future career also. As suggested by other members, take the money and go.
Any way, all the best
Rgds
Vijayan
Navindahiya- I am not familiar with the labor laws in your country so please accept my words as those from a business perspective only.
Because you were approached by your employer and asked to resign, it appears as though they may be offering an easy way out for everyone concerned. If 'involuntary terminated' there will be a blemish in your recent past and not bolster your work history for future employers. To self terminate citing a variety of reasons from your perspective may help your professional standing; IF your resignation is worded diplomatically and in your favor. You have worked there for 3 months- you know better than I- do you trust what they say based on your present knowledge? I would also consider requesting a letter of recommendation prior to your departure. You are leaving anyway so for them supplying this will not matter, however for you, it may support employment elsewhere. The least HR can say is no to your request.
Best of luck with your endeavors-
Russell
It is best that you submit your resignation. However, in your resignation letter make it very clear that you are doing so on a clear understanding that you will be paid salary for all the days that you work during the period starting from the date you put in your papers till the date that your resignation is accepted and you are relieved PLUS two months\' salary as has been promised by the Company.
Best Wishes,
Vasant Nair
Dear Navindahiya,
I would suggest you address yr resignation letter in such a way that you confirm and accept about their offer of two months pay on yr resignation and ask them to give experience & recommendation letter from them. Get an acknowledgement on yr copy of resignation letter which could be of help in case they backtrack frm their offer. I feel yr company offocials are protecting their skin by working out a compromise formula unless there is no other serious issue arising out of yr continuation there. Take care of any unexpected traps. With best of luck.
Dear Navindahiya,

As per the your discussion it totally depends upon the appointment letter. Each and every company has its own way to twist & turn word as per their convenience. In your appointment letter if it is mentioned that you have to give 2 months notice period then the condition apples.as in the probation period some companies do not have "notice period to serve for Probation employees" if at all your company can issue a hard copy of the communication which you have mentioned " they have hired you by mistake" then you have the right to claim. Only words can't help you as in the case of Probation employees they may show that you are inefficient and pull you down. An employee is not permanent till he gets his confirmation letter by hand .So its better to get the amount a look for a good job."Don't feel bad if some one rejects you people usually reject expensive thing because they can't afford them" So you are diamond and you company cannot afford you .

Good Luck

Umesh
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