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Anonymous
My Company as 3 months of notice period but I right now I am in prohibition period, i have resigned from my post but still I have given 1 month of notice period but they are telling to server notice period of 3 months my mark sheet are with them, I have just completed 30 days. In offer letter 3 months of notice period is mention but it is no where mention that it applicable in prohibition period
My Question is
1 How to get my mark sheet
2 Shoukd I server 3 months of NP in prohibition

From India, Mumbai
Hi Dear, Have you signed any contract agreement with your present employer? Regards, Janardan
From India, Mumbai
My friend,
What the company is doing is wrong. They cannot impose arbitrarily a notice period of 3 months for probationers whether it is written in contract or not. During probation period severance by either party is at will and not restricted as in the case of confirmed employee which means that the shortest time can be 24 hours. This again depends on what you are handling and the handing over procedure. Since you have barely worked with them for 30 days I don't see how deep you may be embedded with responsibilities.
Only small time and rouge companies will take your certificates in original to blackmail you. You can take action against company by filing a police compliant. However before that verify whether you have signed any papers wilfully handing over the mark sheet for safe keeping. The company is only trying to intimidate you, just bark back and you will get your certificates and be relieved in no time.
All the best.

From India, Delhi
Anonymous
Please find the Attach snapshot of my offer letter
From India, Mumbai

Attached Images
File Type: jpg IMG_20140617_180145[2].jpg (796.5 KB, 58 views)

My friend
What I said above holds good even after I see the snapshot. The HR service rules are applicable to confirmed employees. You are on probation and therefore can leave with 24 hours notice. Certificates are with them because they have taken it for verification, not because they are going to keep it with them till you work. The snap shot suggests it is an established company and not a rogue company as I suggested earlier.
Talk to HR department through your superior or directly and appraise them about why you want to leave. I bet they will relent and give back your certificates. All said and done they cannot force you to stay. Sort it out amicably this is not too grievous an assault.
Regards

From India, Delhi
Anonymous
Thanks Sir But below is letter which I have been signed while submission of originals
From India, Mumbai

Attached Images
File Type: jpg Untitled.jpg (580.5 KB, 31 views)

But there is no successful completion of probation period in this case because you choose to break the employment contract. They will have to return the certificates and relieve you immediately if you so wish. As I said earlier talk it out with HR people and sort out the issue amicably. They cannot pin you down quoting rules.
All the best.

From India, Delhi
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