Umakanthan53
Labour Law & Hr Consultant
Srinath Sai Ram
Hr Manager
+2 Others

Thread Started by #Anonymous

I am herewith copying my details given in my offer letter from my present company. I neither need their experience certificate nor their relieving order. It's just been exactly 2.5 months since I joined and it's already taking its toll. I can't bear and hence I'm giving medical reasons to quit. However, in my offer letter it says that when the company terminates me during 3 months probation period , the employer shall give 1 week notice. Doesn't the same apply to the employee as well ? However, in another point it says that the a notice period is 90 days post confirmation. When I talk to my employer he says the one week notice during probation is only from the company side and not the employer side. Is this valid ? There is no clause in the offer letter about what's the notice when an employee quits during probation.

Here are the two points below

1.You will be on a probationary period trial period of 3 months that will begin from your date of joining.

Xxx Pvt Ltd reserves the right to terminate your employment at any time during

this period with a one week notice if performance has been deemed unsatisfactory for any reason.

2. Termination of Service / Resignation: The service of the employee shall be terminable on either side

by giving 90 days’ advance notice as Notice period in lieu thereof upon completion of the

probationary period by the employee. The relieving date might be extended incase the project is at a

critical juncture.

Any help from some trained people is much appreciated as I'm having sleepless nights. Also he asks me to serve at least one month since according to his terms, he says that I actually have 3 months notice from the start itself. I'm completely confused and depressed already.
25th June 2017 From India, Chennai
#Anonymous
It’s a bit urgent. Can someone pls extend their help towards this issue ?
25th June 2017 From India, Chennai
Dear friend,
Some sort of irresistible dislike hidden in your psyche towards the present job seems to be overwhelming you to quit it immediately. Of course it is your discretion and no one can give you better advice than yourself. Formal employment is based on certain conditions both explicit and implied. Once you have agreed and joined, you can not question them because of the inconvenience caused by a self-created situation. I think your employer seems a bit reasonable to ask you to serve a minimum notice period of one month instead of three months. May be you are a person with high degree of employability or no need for paid-employment.In such a case, you can simply walk out without any hassle.
25th June 2017 From India, Salem
#Anonymous
Thanks but it doesn’t state what’s the procedure notice for probation if an employee quits himself right ?
25th June 2017 From India, Chennai
Dear Anamika as per the contents posted by you regarding Notice Period, it can be concluded that During Probationary period of 3 Months, Employer can Terminate you with 1 Week Notice for unsatisfactory Performance.
However, during probationary Period, what is the notice Period to be given by the Employee is not mentioned.Consequently, you need not serve any notice Period for leaving your Job, during Probationary period.It would have been nice had you uploaded the actual Appointment Letter to be on safer side, before concluding.
25th June 2017 From India, New Delhi
#Anonymous
Thanks @srinath. However, I have only two points that I have mentioned about in my thread with regards to notice and resignation. Rest all the points are related to promotions etc.etc
25th June 2017 From India, Chennai
Dear Friend,
The clauses mentioned by you are general clauses. There is no penalty for early leaving except for 3 months notice. Your employer has already considered and reduced that period to one month for you. You may have immediate need to leave this job. You have following 3 options:-
1) Work for one month as advised by employer
2) IF any payments are held up, please get them settled. Payments can be salary, bonus, or incentives etc. Meet your superior or speak to him to relieve you immediately.
3) Find out amicable way rather than legal angle as you have already informed them medical problem. You stick to medical issue and get yourself relieved so that employer also releases your entitlements/payments.
Think cool and decide other best option, if any.Good Luck!
26th June 2017 From India, Mumbai
#Anonymous
Ok so I handed over all my assets today and I told him I'll collect the relieving letter later. To be honest, I don't need the relieving letter from them at all. Next, they told me that I have to pay a buy out amount that they have paid me by buying me out from my former company. Also adding to this, he said you might have to pay the 3 months fixed salary along with buy out amount. Nothing regarding buy out or quitting while in probation is mentioned in my offer letter terms. Also while on call, the CEO told me that if it's not possible ask your sister to work for me for a month. Is this legal enough ? Adding to all this, there were only 2 employees in that company including me, no PF , no ESI. Nothing. Finally he said he will calculate the total amount and send an email. Should I stay strong to take any legal actions against this ? Would the case be in my favour ? Any suggestions on this is highly appreciated. I work for a remote client while I'm employed by this company. Eagerly awaiting response on this from some experienced people. Thank you all in advance.
26th June 2017 From India, Chennai
#Anonymous
I have also recorded all actions taken so far by email. Informing the remote client about my handover. Completion of tasks, and also to my company regarding all hand overs. I have emails of all these a copy in my personal inbox too. Is this a good move ?
26th June 2017 From India, Chennai
#Anonymous
Can someone pls help me .. I’m in complete depressed mode.
26th June 2017 From India, Chennai
When a dispute arise between employee & employer nothing will verbal, all be settle as per terms & conditions mentioned in appointment letter you accepted.
Vijendra Sharma-HR
Ludhiana,Punjab
9815119500
27th June 2017 From India, Bangalore
#Anonymous
So what happens to my notice period in probation when I quit. There's nothing mentioned in there in the appointment letter. Can an employee take it to his interpretation that there's no notice period when an employee quits ?
27th June 2017 From India, Chennai
As per my understanding you need not serve any notice period as the clause of ninety days notice is after completion of probation.
The term mentioned for premature disengagement/termination of employee during probation is applicable to employer only.
27th June 2017 From India, Hyderabad
Dear Anamika,
if you dont need any letters then for what purpose you are staying there?
since agreement is made you have to commit for it but since you have taken a reason of medical issue you can take a chance of being absent to the work and to be present 1 or 2days till notice period of 1month is completed ( remember be very calm in your approach) .
going with laws will heck the situation even more so try to be diplomatic and comeout of the situation with ease
30th June 2017 From India, Bangalore
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