Umakanthan53
Labour Law & Hr Consultant
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Asso.prof.(commerce & Management)

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Hi, I have joined a private company based in Gurgaon in the month of Feb 2020, I have been informed 30 day notice period during the training period for confirmed employee and 15 days for the unconfirmed employee, however no documentation or any policy shared with me during my tenure. Later I have decided to move forward and put down my papers with a notice period of 17 days thinking in mind for 30 day notice period, now company asking to serve a notice period of 60 days as per company policy (Which was never communicated to me) or recovery letter will be issued accordingly. Need your help, how to handle this situation if any legal letter issued to me.
From India, Ghaziabad
The poster has to check his appointment letter as well as the establishment's standing orders or service regulations. In the absence of any mention about notice clause in the appointment letter, whatever mentioned in this regard in the service regulations will hold good. If both do not speak of notice in the event of separation by either party, the employer cannot compel the employee according to his whims and fancies as of now and then.

IF the poster wants a peaceful exit first, he has to try for a negotiated settlement in this regard; secondly, if he wants to avoid undesirable consequences like the present employer refusing to accept his resignation or declaring him absconder or messing BGV with negative feed back, he has to simply buy out whatever the notice period insisted now by the present employer for unfortunately the employer always remains a superior party to the contract of employment.

From India, Salem
Dear Sir,
Thanks for the clarity, however i have not received any appointment or offer letter from company, which can describe any of the company policy or the notice period policy, HR is just stated that if 60 day notice period not served then recovery letter will be issued.
Regards
Kunal

From India, Ghaziabad
Hi Kunal,

Continuing the post of learned member,

It's presumed you have already submitted your resignation and supposedly you are now on NP. Counting from the joining date i.e., Feb.20 till now you are on the rolls for about almost 6 months. Is't a 'training period' ? If yes, will there be demand from the office to pay back certain cost of training?

Probably this tenure is interspersed by spells of lockdown/lockout on COVID stipulations. Did you get salary for all these months? If there were instances of non- payment of salary will there a chance of quoting it "reason for quitting" ? There is an option to precipitate the issue, definitely, but your career cannot wait the time involved.

Since nothing there on record 'as terms & conditions' smooth & clear relieving only will help you shape your future career as suggested above.

From India, Bangalore
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