Hi,
One of my friends joined a company 30 days ago, and even the first salary has not been processed yet. He is not happy with the current job profile and wants to leave this company with a 2-day notice period. The new company is not considering this experience, and he will not receive a relieving letter from this current company. If he leaves this job by just sending a simple email, what are the possibilities of this company taking any action against him? He is not asking for money from the company for the days he has worked.
Thank you.
From India, Calcutta
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One of my friends joined a company 30 days ago, and even the first salary has not been processed yet. He is not happy with the current job profile and wants to leave this company with a 2-day notice period. The new company is not considering this experience, and he will not receive a relieving letter from this current company. If he leaves this job by just sending a simple email, what are the possibilities of this company taking any action against him? He is not asking for money from the company for the days he has worked.
Thank you.
From India, Calcutta
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Hi,
Please be informed that your friend has to leave the company while respecting its exit policy. The benefit your friend has is that he is not happy with the work culture, or the work given to him is not in line with what was discussed during the interview.
He can leave the company after officially writing a letter to his line manager and the head of the department. The written letter needs to have the stamp indicating that it has been received. Once the letter is received, he can use it to obtain his relieving letter. However, the relieving letter will contain comments from the company that may not be comfortable to present to the next employer.
The easiest solution would be for him to leave the company and obtain the relieving letter from the previous company he worked with. Even a copy would suffice, or he can cite the reason that he has lost the original and needs a new copy from his previous employer. It is advisable to forget the entire episode with this new company and not mention this experience in his CV.
Regards,
AJ
From India, Thana
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98Please be informed that your friend has to leave the company while respecting its exit policy. The benefit your friend has is that he is not happy with the work culture, or the work given to him is not in line with what was discussed during the interview.
He can leave the company after officially writing a letter to his line manager and the head of the department. The written letter needs to have the stamp indicating that it has been received. Once the letter is received, he can use it to obtain his relieving letter. However, the relieving letter will contain comments from the company that may not be comfortable to present to the next employer.
The easiest solution would be for him to leave the company and obtain the relieving letter from the previous company he worked with. Even a copy would suffice, or he can cite the reason that he has lost the original and needs a new copy from his previous employer. It is advisable to forget the entire episode with this new company and not mention this experience in his CV.
Regards,
AJ
From India, Thana
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What is the point of showing a one-month experience anyways? Let him forget this experience totally and not mention it on his resume, as it will do more negative than positive.
With regards to resigning with an email, he must refer to the company's exit policy. Usually, he'll have to formally resign by giving a letter/mail to his HR department and then wait until all clearances are made. It is not advisable to simply quit without completing formalities. I also don't understand why a mature educated person would be so emotional so as to just quit a workplace and not have the patience to go through the exit formalities.
He should just go through the motions without feeling them and bail himself out.
From India, Ahmadabad
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With regards to resigning with an email, he must refer to the company's exit policy. Usually, he'll have to formally resign by giving a letter/mail to his HR department and then wait until all clearances are made. It is not advisable to simply quit without completing formalities. I also don't understand why a mature educated person would be so emotional so as to just quit a workplace and not have the patience to go through the exit formalities.
He should just go through the motions without feeling them and bail himself out.
From India, Ahmadabad
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Hi,
First things first. The company cannot take action against the employee if he leaves the company as per their exit formalities. Most companies have a 7 to 15-day notice period for employees under probation. Since your friend has joined this company only a month ago, he must be on probation. Therefore, if your friend serves a notice of the required number of days as per his appointment letter or pays the notice period pay in lieu of the shortfall in the notice period.
If your friend has signed a bond, then you can contact me for further advice on the same. I don't think it would make a lot of sense to include this experience on the resume, so your friend can ignore the relieving certificate.
Do let me know if you need any help.
Thanks 😉
From India, Faridabad
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First things first. The company cannot take action against the employee if he leaves the company as per their exit formalities. Most companies have a 7 to 15-day notice period for employees under probation. Since your friend has joined this company only a month ago, he must be on probation. Therefore, if your friend serves a notice of the required number of days as per his appointment letter or pays the notice period pay in lieu of the shortfall in the notice period.
If your friend has signed a bond, then you can contact me for further advice on the same. I don't think it would make a lot of sense to include this experience on the resume, so your friend can ignore the relieving certificate.
Do let me know if you need any help.
Thanks 😉
From India, Faridabad
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Dear Sir,
Please do not hire blacklisted candidates in the market. This type of behavior does not align with good company culture and is not a healthy habit. Companies should not tolerate such actions as they can have a negative impact on business operations.
Thank you.
From India, Delhi
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Please do not hire blacklisted candidates in the market. This type of behavior does not align with good company culture and is not a healthy habit. Companies should not tolerate such actions as they can have a negative impact on business operations.
Thank you.
From India, Delhi
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Hello,
I have some queries.
(i) I want to know the maximum number of days that should be in a probation period by law. Can an employer dismiss an employee within this period, and if yes, on what grounds?
(ii) After the probation period, can an employee be fired, and on what basis?
(iii) What sort of agreement can be made between the employee and the employer? Does it totally depend on them, or are there any specific conditions that apply?
Thank you.
From India, Khurda
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I have some queries.
(i) I want to know the maximum number of days that should be in a probation period by law. Can an employer dismiss an employee within this period, and if yes, on what grounds?
(ii) After the probation period, can an employee be fired, and on what basis?
(iii) What sort of agreement can be made between the employee and the employer? Does it totally depend on them, or are there any specific conditions that apply?
Thank you.
From India, Khurda
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Hi Anu,
Please note the following:
a) There is no law by the government regarding probation. The maximum probation period acceptable by candidates and employers is generally 6 months at most. During this period, the candidate or employee is not entitled to any benefits offered by the company.
b) The employer can terminate the employee during the probation period without citing any reasons, or by giving flimsy reasons like inability to deliver or the talent of the person not being as good as expected. "Probation is generally done to ensure the compatibility and capability of the candidate."
c) The agreement made by the candidate and the employer during this period has legal implications if there are clauses in it. For example, if the agreement states that the employee will be confirmed for a certain salary (x amount) after confirmation or after the probation period, and the employer fails to provide this specified salary, the candidate can seek legal recourse to address this issue.
Hope all your queries are now resolved.
Regards,
AJ
From India, Thana
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Please note the following:
a) There is no law by the government regarding probation. The maximum probation period acceptable by candidates and employers is generally 6 months at most. During this period, the candidate or employee is not entitled to any benefits offered by the company.
b) The employer can terminate the employee during the probation period without citing any reasons, or by giving flimsy reasons like inability to deliver or the talent of the person not being as good as expected. "Probation is generally done to ensure the compatibility and capability of the candidate."
c) The agreement made by the candidate and the employer during this period has legal implications if there are clauses in it. For example, if the agreement states that the employee will be confirmed for a certain salary (x amount) after confirmation or after the probation period, and the employer fails to provide this specified salary, the candidate can seek legal recourse to address this issue.
Hope all your queries are now resolved.
Regards,
AJ
From India, Thana
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Hi Anu,
If you have a standing order certified by the Chief Inspector of Factories (government authority), then you can create the appointment letter as per the terms and conditions mentioned in the standing order. Generally, all employers must adhere to all terms and conditions stipulated in the standing order regarding your probation period for six months. After successfully completing the probation period, you can confirm the appointment.
If there are no written rules in the company, you cannot terminate an employee without a valid reason or inquiry. If you terminate an employee without justification and the employee takes legal action by giving a court notice, what should you do?
In such a situation, it is advisable to handle the resignation in a simple and understanding manner. This approach benefits both the company and the employee.
Thanks,
Manoj
From India, Delhi
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If you have a standing order certified by the Chief Inspector of Factories (government authority), then you can create the appointment letter as per the terms and conditions mentioned in the standing order. Generally, all employers must adhere to all terms and conditions stipulated in the standing order regarding your probation period for six months. After successfully completing the probation period, you can confirm the appointment.
If there are no written rules in the company, you cannot terminate an employee without a valid reason or inquiry. If you terminate an employee without justification and the employee takes legal action by giving a court notice, what should you do?
In such a situation, it is advisable to handle the resignation in a simple and understanding manner. This approach benefits both the company and the employee.
Thanks,
Manoj
From India, Delhi
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Hi! I have put in my papers, but as per company law, I have to serve a 60-day notice period. Is there any way I can pay off the amount, and if yes, how much should it be? Can anybody please shed some light on it?
Regards,
Saju
From India, Pune
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Regards,
Saju
From India, Pune
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Dear Saju,
It's not company law; it's company policy. If you are rich enough to pay, it's okay. Please contact your HR department and line manager. If you are smart enough, you can be relieved in a week without any payment or serving a notice period.
Karthik.
From India, Hyderabad
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It's not company law; it's company policy. If you are rich enough to pay, it's okay. Please contact your HR department and line manager. If you are smart enough, you can be relieved in a week without any payment or serving a notice period.
Karthik.
From India, Hyderabad
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Exit Interview - Purpose, Process and Format.doc