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Anonymous
I have a case where the employer has given a job to a prospective employee (Fresher) A in Company X. The prospective employee accepted the offer letter, joined the job, and after working for 25 days, A received an email stating that she has received an offer letter from Company Y with a better role and package through campus placement results. She is given immediate joining after 10 days.

Now, A has submitted a resignation to Company X, stating that she has personal issues on an official note through email and received a reply that she has to serve a 30-day notice period.

Kindly note: A has given the original Intermediate certificate to Company X for background verification, and the employer stated orally that A will receive the certificate only after 60 days.

Kindly suggest what A should do now since she has two problems:

1. She should get relieving from Company X.
2. She should get her original Intermediate certificate, which she has to submit at Company Y on the date of joining along with other SSC and graduation certificates.

Please give your valuable suggestions.

From India, Hyderabad
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Dear Anonymous,

The issue should be dealt with as follows:

1. Does the Appointment Letter of X company specify any Probation Period?
2. If so, either party can say goodbye during this period - no need for a Notice period.
3. In the event of no notice period clause, does the Appointment Letter of X company specify any Notice Period?
4. If during the probation period, X has no right to withhold the original Certificates.

Please ponder over the above points.

Thank you.

From India, Thane
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Dear Mr. Kanthan,

Employee Resignation and Certificate Retrieval

1. Sir, no appointment letter was received by the employee; only an offer letter was given at the time of joining. The employee submitted their resignation on the 25th day of joining.

2. Employee A has submitted their resignation via email to Employer X on the 25th, requesting the effective date of resignation to be the 26th of this month.

Is the employee liable to forgo the salary for the days worked up to the 25th? If so, she is willing to forgo it in exchange for the original certificate and relieving.

Please suggest a way to end this situation on a happy and hassle-free note.

Thank you.

From India, Hyderabad
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