Greetings! Learned Team
I would like to share my case and would need you guidance.
I worked for a Madhya Pradesh based IT company for 16 Days . As I didn't like the work and its culture , so I decided to quit .
As per my offer letter:
1 ) I need to give a notice period of two month in case I decide to quit. It does not mention any thing , if this notice period is during probation or after permanent. Also it does not talk about , If I need to pay in lieu of notice period in case I don't serve it. As per letter, It says company reserve right to not give my salary in lieu of remaining notice period and will not accept money in lieu of Notice period as offered by me.
My queries are as follows:
1) Am i required to serve any Notice period when my period of service is 16 days (less than 30 days) if yes how many days/months as per Labor law in India.
2) Can a company keep same Notice Period both for probationary and Permanent employee. Is this not injustice from side of employer where he has not given right to employee to make his decision , if he doesn't like the work.
3) No where in my offer letter and appointment letter it has been mentioned that I need to pay in lieu of Notice Period , in case I am not able to serve it.
4) How Shop and Establishment act of MP help employee who are in probation.
5) I don't need any relieving letter or certificate from company.
6) My resignation was accepted by company as I was not a critical resource to them immediately.
7) Can Company file a law suit againt me , if i defer to pay them in my case.
Please help me in understanding this problem and suggest suitable solution for future action.
I would love to call, if somebody want to consult me.
Regards
Gaurav
I would like to share my case and would need you guidance.
I worked for a Madhya Pradesh based IT company for 16 Days . As I didn't like the work and its culture , so I decided to quit .
As per my offer letter:
1 ) I need to give a notice period of two month in case I decide to quit. It does not mention any thing , if this notice period is during probation or after permanent. Also it does not talk about , If I need to pay in lieu of notice period in case I don't serve it. As per letter, It says company reserve right to not give my salary in lieu of remaining notice period and will not accept money in lieu of Notice period as offered by me.
My queries are as follows:
1) Am i required to serve any Notice period when my period of service is 16 days (less than 30 days) if yes how many days/months as per Labor law in India.
2) Can a company keep same Notice Period both for probationary and Permanent employee. Is this not injustice from side of employer where he has not given right to employee to make his decision , if he doesn't like the work.
3) No where in my offer letter and appointment letter it has been mentioned that I need to pay in lieu of Notice Period , in case I am not able to serve it.
4) How Shop and Establishment act of MP help employee who are in probation.
5) I don't need any relieving letter or certificate from company.
6) My resignation was accepted by company as I was not a critical resource to them immediately.
7) Can Company file a law suit againt me , if i defer to pay them in my case.
Please help me in understanding this problem and suggest suitable solution for future action.
I would love to call, if somebody want to consult me.
Regards
Gaurav