I resigned during my probation period, using the right that the clause of the employment agreement gave me. It stated, "In case an employee wants to leave the organization, they have to give a one-month notice period prior to 1 month."
Now, HR has taken this personally and is trying to trap me by sending various notices as if I stole something from the company. They are asking me to pay 6 months' CTC to the company, even though I only received pay for 2 days until I resigned. The HR's intention was evident from her intimidating behavior, trying to hold me in the company until the probation period lapsed, and then trapping me for 1 year in a company where I was not interested in spending my time.
Is a probationer always a culprit?
What are the rights for a probationer to safeguard themselves if their previous employer tries to harass them unnecessarily, despite never being a confirmed employee during their tenure with the office?
From India, Mumbai
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Now, HR has taken this personally and is trying to trap me by sending various notices as if I stole something from the company. They are asking me to pay 6 months' CTC to the company, even though I only received pay for 2 days until I resigned. The HR's intention was evident from her intimidating behavior, trying to hold me in the company until the probation period lapsed, and then trapping me for 1 year in a company where I was not interested in spending my time.
Is a probationer always a culprit?
What are the rights for a probationer to safeguard themselves if their previous employer tries to harass them unnecessarily, despite never being a confirmed employee during their tenure with the office?
From India, Mumbai
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In India, during the probation period, employees have rights and protections that should be respected by both the employer and the employee. Here are some practical steps you can take if you feel harassed or unfairly treated by your previous employer during your probation period:
Understand Your Rights and the Probation Clause:
- Review your employment contract and specifically the probation clause to understand your rights and obligations during this period.
- Ensure you are aware of the notice period required for resignation during probation as mentioned in your contract.
Seek Legal Advice:
- If you feel harassed or unfairly treated, consider seeking legal advice to understand your rights under Indian labor laws, specifically related to probation periods and employee rights.
Respond Professionally:
- Maintain professionalism in your interactions with your previous employer and HR. Respond to any notices or communications in writing and keep a record of all correspondence.
Dispute Resolution:
- If the situation escalates, consider utilizing dispute resolution mechanisms such as mediation or arbitration to resolve the issue amicably.
File a Complaint:
- If you believe you are being unfairly treated or harassed, you can file a complaint with the appropriate labor authorities in Mumbai, India. Provide all relevant documentation and evidence to support your claim.
Consult HR Policies:
- Refer to the company's HR policies and procedures regarding dispute resolution and employee rights. Ensure you are aware of the processes in place for handling such situations.
Remember that as a probationer, you still have rights and protections under the law. It is essential to handle the situation professionally and seek appropriate guidance to address any issues you may encounter during this period.
From India, Gurugram
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54Understand Your Rights and the Probation Clause:
- Review your employment contract and specifically the probation clause to understand your rights and obligations during this period.
- Ensure you are aware of the notice period required for resignation during probation as mentioned in your contract.
Seek Legal Advice:
- If you feel harassed or unfairly treated, consider seeking legal advice to understand your rights under Indian labor laws, specifically related to probation periods and employee rights.
Respond Professionally:
- Maintain professionalism in your interactions with your previous employer and HR. Respond to any notices or communications in writing and keep a record of all correspondence.
Dispute Resolution:
- If the situation escalates, consider utilizing dispute resolution mechanisms such as mediation or arbitration to resolve the issue amicably.
File a Complaint:
- If you believe you are being unfairly treated or harassed, you can file a complaint with the appropriate labor authorities in Mumbai, India. Provide all relevant documentation and evidence to support your claim.
Consult HR Policies:
- Refer to the company's HR policies and procedures regarding dispute resolution and employee rights. Ensure you are aware of the processes in place for handling such situations.
Remember that as a probationer, you still have rights and protections under the law. It is essential to handle the situation professionally and seek appropriate guidance to address any issues you may encounter during this period.
From India, Gurugram
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf