Resigning During Probation: Can I Still Get an Experience Certificate?

I am working in a private company, and before completing my probation period (6 months), I have given my resignation. In this condition, am I eligible for experience certificates? I have given my resignation in my 5th month of probation.

Regards,
Jomon

Since you have served your employer for 6 months or less, regardless of your employment norms/conditions (probation or permanent), and as long as you were under the payroll of your employer, you can seek an experience letter. The primary objective of an EXPERIENCE LETTER is to validate your actual service period and the OFFER LETTER you received.

Along with your relieving letter, please collect your experience certificate from your current employer.

With profound regards,
Regards

Understanding Probation Periods

A probation period is a time when the employer assesses your performance before confirming your position. The term "probation" exists because you are still considered a learner, and the employer is not obligated to retain you or offer a permanent position. Your performance during probation typically determines whether you will be retained.

Read through your offer letter and the terms of your probation. If the offer letter guarantees that the position is permanent and not contingent on your performance, I agree with what Shaik has mentioned.

Regards,
Vivek

First of all, why do you need an experience certificate from an organization where you were unable to complete probation? Secondly, you are already in possession of your offer letter/appointment letter and payslips for all the months you worked. All of these should be sufficient to testify to your purpose.

Warm regards,
Sourav Mukherjee

Probation and Experience Certificate Eligibility

Probation is not applicable only to those who join the company for the first time but is applicable when an employee is given a new assignment, including a promotion. It is a period during which their ability to perform the work at desired standards is evaluated. Therefore, there is nothing wrong with putting an employee under probation when they are given a promotion. That doesn't mean that if they resign, they cannot get any experience letter. Therefore, unless otherwise provided in the certified standing orders of the company or the appointment letter, a probationer is eligible to get a service certificate from the employer. This is applicable when an employee is terminated during the period of probation as well.

Regards,
Madhu.T.K

Resignation During Probation

It is not known from the details furnished by you whether your company is covered under the model standing orders framed under the Industrial Employment (Standing Orders) Act, 1946, and whether you fall within the category of 'workman' under Sec.2(s) of the Industrial Disputes Act, 1947. If so, the model standing orders normally contain a provision regarding the service certificate. For example, the model standing order (1) framed under the Industrial Employment (Standing Orders) Central Rules, 1946, stipulates that every workman is entitled to a service certificate. If your company is covered under the model standing orders of the state in which it is located, you have to refer to them to ascertain this aspect.

Irrespective of whether or not you are covered by the Standing Orders Act and the model standing orders, you have an inherent right to a service certificate from the employer for the service rendered by you even during probation.

Regards,
B. Saikumar

HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: [Phone Number Removed For Privacy Reasons]

Resignation during probation and the experience certificate are two separate issues. The employer cannot deny the experience certificate for the service rendered during the probation period. As well said by Mr. Saikumar, you have the right to seek an experience certificate.

Regards,
Kumar

I would like to know the difference between resignation and the notice period given to the company, and what are the implications in both cases?

Regards,
Nilesh

Understanding Resignation and Notice Period

Resignation is a letter intimating the employer about leaving the service for good. A resignation letter may or may not contain a notice period. The notice period is a part of the resignation and specifies the period up to which the individual would be in service. In other words, it specifically states when the individual would leave the service.

Regards,
Kumar

Thank you very much for the prompt reply. Further to this, I would like to know if someone gives notice, are they entitled to a whole month's salary even if the notice is accepted with immediate effect?

Regards,
Nilesh

Hi, I am Sanjay Tanna from Gandhinagar, Gujarat. I was working in a Private Limited Company as a Sales Manager. Due to some official problems before the probation period of 90 days, I left the company by resigning. I am asking for my salary, but the company is only giving me a salary of Rs. 4,000 for June 2012, instead of Rs. 33,400 as per the sales target. However, by the 30th of June 2012, I had not received any sales target from the company. My question is, can I take legal action against the company?

Thanks,
Sanjay Tanna

Were you on probation? What does your appointment letter say regarding confirmation of the job and probation period? If you were on probation, the company should provide a letter after conducting a review of performance. In the interest of equity and accountability, periodic reviews of performance should have been conducted by your line manager or other supervisory authority to assess your suitability, progress, etc.

As per the rule, if any employee gives resignation, he should receive the Experience Letter, which may be for one month or six months.

Please let me know if you have any other questions or need further assistance.