Hello, I Joined a company in Feb 2019, But due to some reasons, I am not able to continue and I resigned a week back. My manager has replied to my resignation saying it is accepted and I will be relieved by 31st July 2019.
But while signing the appointment letter, the second clause in the appointment letter says this:
"You have agreed and accepted the employment, with a probation period of six months and undertaking stating 2 years of committed employment by signing this appointment letter. In case this undertaking/commitment is not honoured, you shall be liable to pay last 2 months' salary drawn by you to the organisation"
Today finance manager of the company called me and reminded me of this clause.
My doubts are:
1. I am still within the probation period and getting relieved before probation period, So this clause shall apply only after confirmation right?
2. I have not signed on any contract separately regarding this clause.
3. If at all I have to pay, isn't it only the basic salary of 2 months as the allowances like flexi, travel, special all those things become virtual if I am not working?
Thanks in advance for the advice.
Normally notice period does not apply to probationers. If the appointment order says that,"during the probation period, your service shall be terminated without notice and without assigning any reasons, ", you need not give any notice nor pay in lieu of that notice. On the other hand, if there is any specific clause of notice period during probation period, you are expected to comply with it either by serving the said notice period or paying the amount equal to that. Salary for the purpose of notice period buying is the gross salary without flexible allowances and reimbursements. You can exclude such components which are paid according to attendance or paid for the days you physically present for working.
In the former case such calls by the management shall be simply ignored, provided the service with that company does not matter you in your career.
One year back I started one Pvt ltd company. How to take the business deals or projects. I don't know. Could u pls suggest. This is a startup company. We need to give services like outsourcing of the manpower ( house keeping & securities) training and workshop conducted to the engg colleges, survey projects, govt tenders, sales, marketing and insurance sector different clients we are given the outsource of the employees. Pls suggest till now there is no project handle in current company. Pls suggest.
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