Hi sir, My name is Harish. I joined a company on 10.06.2022, and I have a 6-month probation period. My probation period was completed on 10.12.2022. The company provided a confirmation letter via email on 21.12.2022 and physically handed it to me on 23.12.2022. However, I did not accept the confirmation due to some reasons, and I did not sign the confirmation letter either. The company states that the employee's signature on the confirmation letter is only for acknowledgment, not for acceptance or rejection.
I resigned from my job after 10 days, on 4.01.2023. I believed that since I did not accept the confirmation, I only have a one-month notice period. The company, however, claims that once they send the confirmation letter, whether by mail or physically, I must work a 3-month notice period or pay the shortfall amount for the notice period.
Please advise if I am eligible for a one-month notice period or three months.
Harish
From India, Hosur
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I resigned from my job after 10 days, on 4.01.2023. I believed that since I did not accept the confirmation, I only have a one-month notice period. The company, however, claims that once they send the confirmation letter, whether by mail or physically, I must work a 3-month notice period or pay the shortfall amount for the notice period.
Please advise if I am eligible for a one-month notice period or three months.
Harish
From India, Hosur
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Understanding Employer Document Signing and Its Implications
Not signing a document given to you by your employer is considered disobedience, and based on that, the employer can take disciplinary action against you. It is true that you refused to sign it because you had another job in hand. It is also correct that a letter without an acknowledgment cannot be deemed as served to the person concerned. As such, if you leave the company in a month, the employer cannot do anything. However, you should not ask for a certificate upon leaving the company that states your performance during the period was brilliant, outstanding, or exemplary. The company can very well issue a service certificate that states, "the performance and conduct of Mr... was not up to the expectation/satisfactory only." This will hinder your ambitions. Additionally, when your new employer conducts a background check, the previous employer might write "No Way" against the question "Is he eligible for rehire?" That will be a setback for you. Therefore, think carefully and try to reach an amicable solution.
From India, Kannur
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4526Not signing a document given to you by your employer is considered disobedience, and based on that, the employer can take disciplinary action against you. It is true that you refused to sign it because you had another job in hand. It is also correct that a letter without an acknowledgment cannot be deemed as served to the person concerned. As such, if you leave the company in a month, the employer cannot do anything. However, you should not ask for a certificate upon leaving the company that states your performance during the period was brilliant, outstanding, or exemplary. The company can very well issue a service certificate that states, "the performance and conduct of Mr... was not up to the expectation/satisfactory only." This will hinder your ambitions. Additionally, when your new employer conducts a background check, the previous employer might write "No Way" against the question "Is he eligible for rehire?" That will be a setback for you. Therefore, think carefully and try to reach an amicable solution.
From India, Kannur
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Notice Period Extension Letter Format.doc