Company asking for notice pay recovery without giving any letter - CiteHR
Rkn61
Hr Manager
Kritarth Consulting
Spl Educators Posh Programs; Hr & Ir
Swati98
Engineer

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Hi Everyone,
i have joined a company, i am on probation period, its been some 2 week joining,
i dropped my resignation mail, to which i didn't receive any response in written.
the company hr is telling me in verbal to submit all assets, id and i wont be getting any experience letter, and they said the company has decided that a notice pay recovery is applicable which i need to pay.
I told them that i am ready to serve the notice period and i don't have any issue with it but they are telling that it is of no use for both of us.
I don't know that is it valid that i should pay the amount if company is deciding to give me an early release.
Please help me as what i should do.

As a general practice adopted in appointment, notice period does not arise at all if an employee submits his resignation during his probation period. He can be relieved from the services on the next day.
Anyhow,without perusing the Offer of Appointment letter received by you from company, it is
difficult to give solution to you.

Hi Radhakrishnan,
In my offer letter it is mentioned that if I am on probation then either party can resign by giving one month notice period in written
In another part, it is mentioned your employment can be terminated by you or your company in one month notice
the company can waive at its sole discretion the notice period or allow you to pay in lieu there of
In the event company terminates your employment i.e in above case(resignation) or (if they terminate you without any reason ), the company may in its absolute discretion pay you a sum in lieu or part of whole notice.
Please suggest how can i handle this.....i am not able to understand

Terms & Conditions of Notice Period apply Only after the Probationer is Confirmed in the Permanenet (Standard Force) Position gint which s/ he was Appointed-On- Probation.
During Probationary Period of Employment, either Signatories Can Resign OR Releive as the case may be. Other that this, any other Action/ Decision is Arbitrary , hence Not Maintable under the Employment Laws and Fundmental Rights to Pursue any Employment/Avocation/Profession
Arbitrariness on the Part of some Employer/Management is Not New nor unheard of in "our Society". Compelling Someone to Accept Unilateral Condtion / Terms is akin to Bondage which our Country does Not Espouse
Kritarth Team
9 Dec 2019
Bengaluru Office

Hi kritarth team,
I was not able to understand entire terms,
I guess you mean to say that the terms and conditions are valid after confirmation and that since i am on probation i am not bound to pay money to them, and i can serve the notice period.

Hello Swati,
As you have terms & conditions in your employment contract letter, it is better to
serve one month's notice period (As you have already tendered your resignation letter by mail,
submit another letter saying that the above intimation may be treated as my notice of resignation and work for the remaining period in the notice period. Try to get relieved from the company properly. As you have only worked for 2 weeks, it is advisable to not to add this very short stinct in your CV for future openings.

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