I have been employed with a corporate training organization and have been working on another company's project (being handled by my organization). I resigned from my duties on the 14th of the month as people associated with the project I was working on (employees of the other company) put false allegations on me, and I cannot compromise on my self-respect. I clearly mentioned the same to my employer and said I would continue to work for him for the rest of the month to help him find a replacement for me but not beyond that.
Employment Confirmation
A) My employment contract says any employee would be considered confirmed after the completion of 6 months of probation. In the 'probation period' column in the contract, it states that an employee would be considered confirmed after a successful pass of a performance appraisal. I have worked in this organization for 8 months and 7 days now, but no performance appraisal has been done for me so far. Am I a confirmed employee of my organization?
Notice Period
B) The employment contract also states that if I resign before confirmation, I need to give a maximum 48-hour notice. If I resign after confirmation, I have to give a month's notice. So in the aforementioned context, how long would be my notice period - 48 hours or 1 month?
Compensation and Legal Threats
C) The employment contract does not mention that I have to pay or compensate my organization if I resign without giving a month's notice. How can my employer ask me to pay money equivalent to 2 months' gross salary and threaten me with legal actions if I fail to pay?
From India, undefined
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Employment Confirmation
A) My employment contract says any employee would be considered confirmed after the completion of 6 months of probation. In the 'probation period' column in the contract, it states that an employee would be considered confirmed after a successful pass of a performance appraisal. I have worked in this organization for 8 months and 7 days now, but no performance appraisal has been done for me so far. Am I a confirmed employee of my organization?
Notice Period
B) The employment contract also states that if I resign before confirmation, I need to give a maximum 48-hour notice. If I resign after confirmation, I have to give a month's notice. So in the aforementioned context, how long would be my notice period - 48 hours or 1 month?
Compensation and Legal Threats
C) The employment contract does not mention that I have to pay or compensate my organization if I resign without giving a month's notice. How can my employer ask me to pay money equivalent to 2 months' gross salary and threaten me with legal actions if I fail to pay?
From India, undefined
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Compromise of Self-Respect
While the allegation made against you is not clear, you should have insisted on the company investigating instead of resigning. After proving that the allegation is false, then you can quit.
Probationary Period
There is a contradiction in your employment contract. Normally, probation is considered complete with a written letter and is not assumed to be finished after the probation period.
In your case, a performance appraisal was supposed to be conducted but was not done. Therefore, you can assume that you are still on probation.
Based on the information provided by you, the company cannot ask for two months' salary. The company is on weak footing and cannot legally take action against you.
From India, Pune
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3180While the allegation made against you is not clear, you should have insisted on the company investigating instead of resigning. After proving that the allegation is false, then you can quit.
Probationary Period
There is a contradiction in your employment contract. Normally, probation is considered complete with a written letter and is not assumed to be finished after the probation period.
In your case, a performance appraisal was supposed to be conducted but was not done. Therefore, you can assume that you are still on probation.
Based on the information provided by you, the company cannot ask for two months' salary. The company is on weak footing and cannot legally take action against you.
From India, Pune
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Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf