Industrial Relations And Labour Laws
Design Engineer

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I was offered a job by an organisation in January under certain conditions:
1.) A contractual agreement of 2 years against a monetary compensation to be paid by employee to employer for specialized training given to the employee, in case if the contract is breached.
2.) The contract also says that an employee will be on probation for a period of 6 months & continue to remain on probation at sole discretion of management unless confirmed in writing by management.
3.) After confirmation if the employee decides to breach the contract before the contractual period then he will have to serve 3 months’ notice.
The appointment letter with the stated conditions was given to me 5 months after employment, since i did not have any other job in hand i had to sign the paper out of necessity. Also I have had to submit my original documents as part of the commitment

End of last month, I put my resignation based on my medical condition stating that while travelling to office i had met with an accident in which i had injured myself & since then due to daily bike travelling my injury has grown to the point that my daily travelling on my bike to the work place is causing a lot of inconvenience to me & out of concern for my personal health I am regretfully resigning from my role from the organisation.

The promises given by the organizations verbally were that:
I will be given specialised training for a period of six months to ensure my performance & learning since I was new to this line of work,
My salary will be reviewed after 6 months.

In reality I was put on a project 2 weeks later, in spite of me intimidating them that I don’t have the necessary technical competency to be made responsible for a project & never received proper support from my manager, the same was conveyed to management earlier in a separate discussion.
Secondly there is no such thing as a formal training program in the company so I did not receive any kind of training.
Also, the management is saying now that they never committed any review in salary after 6 months against which I asked them to present my interview file on which it was clearly written, which they seem to have misplaced.

Now as per my recent discussion with management I was informed I will have to serve notice till end of this month ( becoming a 5 weeks’ notice against a usual 1 month notice) to ensure proper hand over of responsibilities, I put all the call outs of the meeting in an email & forwarded it to all involved. against which the management now states that this information is not true & that I will have to serve as per all of my contractual conditions & end of this month is only subject to those conditions.
This information was not conveyed to me during the meeting.
Also the management has never discussed any matter of monetary compensation ever in any of our discussion till date.

I also have another opportunity in hand with home pickup & drop facility, which is basically the best solution for me considering my condition) for which I have also committed a date based on the information shared above.

It is clear to me that I am being harassed & very stressed out, since I feel this problem might become a cause for me loosing the new opportunity as well & I need some advice on what course of action should I pursue to ensure this does not pull me down professionally & to know that AM I IN THE SAFE ZONE HERE IN THIS SCENARIO?
Can I do something that can bring a closure to this mental torture or instead just keep quiet & bear it all this end of this month?
I also came to know that management has informed the accounts department to put my last month’s salary on hold & I am also not sure if management will give me any relieving & experience letter or even return my original documents to me.

From India, Mumbai
I dont think that a fixed term (2 years) Contract employee should be placed on probation initially. Anyway, right now, I hope, you are on a confirmed status. If so, you are bound by the notice period clause of 3 months.

I dont even think of an establishment in this time which will hold the certificates of employees. This is illegal as per certain labour laws in some states, like Kerala.

An employee who has no reportees under him only will come under the purview of Labour Laws. If yes, certainly, you can approach the Labour department and thay will be able to help you to get your certificates back and even get a waiver from notice period. In a conciliation, the legality of your fixed term contractual employment itself could be questioned considering the nature of work etc. On the other hand, if you have reportees under you, you cannot get protection of labour laws.

An establishment which can offer an appointment order five months after joining an employee and which can take in to custody the certificates of the employees, can definitely spoil the career of employees as well. Therefore, whatever be the legal rights that you may find, you should be very careful. In a battle, you will get your certificates back, you can also get or even ignore the 8 or 9 months service with the company and you may also get or forget this months salary, but you may not get a decent relieving from the company and the latter is the most important one as far as career is concerned. At the same time, your future organisation can help you a lot. If they are convinced about your situation they can waive your relieving letter from the present organisation and let you join them.


From India, Kannur
Hi Madhu, No I am not yet confirmed by the management, which implies that my current employment status is "on probation"
From India, Mumbai
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