Sumitk.saxena
Service/manager-hr
Anasingaraju
Legal, Compliance, Secretarial, Drafting
Sushilkluthra@gmail.com
Consultant In Legal Matters
Brijendra_Singh
Hr & Admin Manager
+2 Others

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Hi
Need help regarding resignation in probation without serving notice period, i have resigned to my company after 45 days of joining. Currently i am in probation and they didnt mentioned anything about notice period in probation. Now they are asking me to serve notice period of 3 months.
So is there any chances of legal action if i didnt serve the notice period
Please help me.
Thanks
Ajay

You said that you are on Probation period. During this period, an employee is not be entitled to any other benefit/privilege available to the permanent employee of the company and his services are liable to be terminated without assigning any reason or notice or pay in lieu of notice. A company cannot ask an employee who is still under probation to serve a notice period. The company cannot do anything against your 'Legally'. Relax.
Do write or consult your HOD/HR Head stating that the termination clause is silent about the Notice Period during Probation (As you mentioned) so on which terms you require to give 3 months notice. Try to sort out the matter amicably across the table.
Hi,
Unless some thing of this sought is mentioned in your appointment/probation letter, you can resign with one day notice and I don't think so you are required to serve 3 months notice period.
That is why it is called probation
Regards,
Srinivasa Rao Anasingaraju

Hi,
In addition to all above stated comment i suggest you to further you go through the letter of intent or letter of appointment what specified then only we can able to comment.
Thanks & Regards,
From,
Sumit Kumar Saxena

Since you appear to work in Mumbai as an engineer you are governed by Bombay Shops and Establishment Act. Being an engineer you are technical person and if you are covered as workman you will be governed by Industrial employment model standing orders by virtue of section 38-B of the Bombay shops and establishment Act. Under para 13 of the model orders no notice is required to be given by a workman with less than three month's service. Any contract contrary to it is void. So notice is to be given by you.
Thanks
Sushil

Please see your appointment order terms. Normally in probation, no notice period is required. But you have to give prior intimation / resignation letter. D.Gurumurthy
Hi
Need help regarding resignation
I newly join as HR EXECUTIVE but within a one & half month employer refuse to enter in organisation due i took leave without pay (LWP).
I am already give 15 days APPLICATIONS for leave but employer refuse it.
employer without intimation withdrawn from the duty. Is it possible? Bt this things happen with each employees.
Employer also hold the salary.
Plz suggest me what i do?

Dear All Experts/Seniors,
Please suggest legal opinions for the below queries:
1) Managers working in manufacturing firm are covered in factories act or not or they covered separately under shops and establishments act?
2) What is the legal probation period for managers having more than 15 years work experience? Or is there a thumb rule like 6 months as probation period?
3) During probation period of an employment, can it be legal that employer can terminate/discontinue the services of an employee under probation with 24 hours notice without any compensation WHEREAS if the same employee under probation wants to discontinue his services is required to give a month's notice. Is the condition acceptable legally?
4) Under the circumstances the employee under probation period doesn't give signed appointment letter to the company and writes requesting to revise the condition but receives no reply from the management and then when his probation period nears to complete in few days, suddenly he is asked to resign, then what is the compensation in lieu of notice period?

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