Hello Everybody,
I would like to seek your help.
I have joined an Engineering firm in Ahmedabad in Feb 2007. In my appointment order, it was mentioned that I would be on probation for 6 months, which could be extended to one year. Probation would not exceed a year. Confirmation should be provided in writing. The notice period is 24 hours/1 month for probation/confirmed. After completing 6 months, I was informed that issuing a confirmation letter for higher-level personnel (GM) was unnecessary. After one year, I reminded them again about issuing the confirmation letter. I even discussed my career plan and the increase in monetary benefits with the Chairman cum Managing Director, along with the confirmation letter. He mentioned that we could sit and finalize it. During that year, my performance was very good, as acknowledged by the CMD himself. I awaited the meeting eagerly. However, by the end of July, I had not received any salary increase or confirmation letter.
At the end of July, when I visited my native place on leave, I was severely affected by back pain. The doctor advised me to take 4 weeks of bed rest and mentioned it might take more time to fully recover. Additionally, family issues arose, compelling me to stay back.
Hence, on August 8th, I decided to submit my resignation letter along with a medical certificate explaining the reasons and requesting an early release.
Subsequently, I did not receive any communication for a month. By September 10th, I received a settlement account statement, Form 16 for the period till July, and a cheque for the remaining amount. They deducted one month's salary as the notice period. I requested them to reverse this deduction since I was still in probation and not subject to a one-month notice period.
I also asked them to send me my P.F papers (including contributions from both the employee and employer).
Now, almost three months have passed. I have sent more than 6 emails to their HR Head, but I have not received any reply, nor have they sent my P.F papers.
At this point, I am considering whether to write to the CMD or take legal action. This is the first time in my career of over 25 years that I am facing such a situation. I would appreciate any advice on how to resolve this matter in a win-win situation.
Karthik.
From India, Madras
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I would like to seek your help.
I have joined an Engineering firm in Ahmedabad in Feb 2007. In my appointment order, it was mentioned that I would be on probation for 6 months, which could be extended to one year. Probation would not exceed a year. Confirmation should be provided in writing. The notice period is 24 hours/1 month for probation/confirmed. After completing 6 months, I was informed that issuing a confirmation letter for higher-level personnel (GM) was unnecessary. After one year, I reminded them again about issuing the confirmation letter. I even discussed my career plan and the increase in monetary benefits with the Chairman cum Managing Director, along with the confirmation letter. He mentioned that we could sit and finalize it. During that year, my performance was very good, as acknowledged by the CMD himself. I awaited the meeting eagerly. However, by the end of July, I had not received any salary increase or confirmation letter.
At the end of July, when I visited my native place on leave, I was severely affected by back pain. The doctor advised me to take 4 weeks of bed rest and mentioned it might take more time to fully recover. Additionally, family issues arose, compelling me to stay back.
Hence, on August 8th, I decided to submit my resignation letter along with a medical certificate explaining the reasons and requesting an early release.
Subsequently, I did not receive any communication for a month. By September 10th, I received a settlement account statement, Form 16 for the period till July, and a cheque for the remaining amount. They deducted one month's salary as the notice period. I requested them to reverse this deduction since I was still in probation and not subject to a one-month notice period.
I also asked them to send me my P.F papers (including contributions from both the employee and employer).
Now, almost three months have passed. I have sent more than 6 emails to their HR Head, but I have not received any reply, nor have they sent my P.F papers.
At this point, I am considering whether to write to the CMD or take legal action. This is the first time in my career of over 25 years that I am facing such a situation. I would appreciate any advice on how to resolve this matter in a win-win situation.
Karthik.
From India, Madras
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Dear Karthik,
Since you have not been confirmed in writing, one month's notice pay should not be deducted. You can certainly address the issue to CMD. See what happens and then decide about legal action.
It is also mentioned in your Appointment Letter that probation will not extend more than a year and it should be in writing. In your case, these two things seem contradictory since you have completed one year but you are not confirmed in writing. You can confirm from HR why one month's notice pay is deducted. Kindly go through the wordings of your letter; based on that, you can fight a legal battle if necessary.
Regards,
Harshad
From India, Mumbai
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26Since you have not been confirmed in writing, one month's notice pay should not be deducted. You can certainly address the issue to CMD. See what happens and then decide about legal action.
It is also mentioned in your Appointment Letter that probation will not extend more than a year and it should be in writing. In your case, these two things seem contradictory since you have completed one year but you are not confirmed in writing. You can confirm from HR why one month's notice pay is deducted. Kindly go through the wordings of your letter; based on that, you can fight a legal battle if necessary.
Regards,
Harshad
From India, Mumbai
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Thank you Harshad, I was also thinking in the same line only. I have send many mails to HR - Head , but he is not at all responding . I would like to have more responses from others also .
From India, Madras
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From India, Madras
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You automatically confirmed. It is said that confirmation should not exceed 1 year. It is the duty of HR to ensure that employees are confirmed within 1 year of service. Once they serve for a year, their confirmation will be effective from the date of completion of 1 year.
From India, Indore
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From India, Indore
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Withdrawl of Resignation and Notice period.doc
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