I was working with a Private Limited Company in Thane as a TRAINEE OFFICER - ACCOUNTS from June 1st, 2010, with a CTC of Rs. 60,000 p.a. Recently, I left the company (in April 2011) because I got a better opportunity. I was on a training period of 6 months and a probation period of 6 months. Before the completion of my probation period, I left the services. There was no mention of a NOTICE PERIOD in the Appointment Letter. Now, the employer wants me to complete a notice period of 30 days, although there was no such mention anywhere in the Appointment Letter.
My Queries
1) Can the employer take action against me due to my immediate resignation?
2) Since I was on the probation period, was it mandatory for me to give a notice period, although there was no such mention in the appointment letter?
3) What suitable actions can I take against him (Employer) if he tries to harass me by sending mails or over the phone?
4) What are the legal steps I can take against him to challenge him?
From India, Mumbai
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My Queries
1) Can the employer take action against me due to my immediate resignation?
2) Since I was on the probation period, was it mandatory for me to give a notice period, although there was no such mention in the appointment letter?
3) What suitable actions can I take against him (Employer) if he tries to harass me by sending mails or over the phone?
4) What are the legal steps I can take against him to challenge him?
From India, Mumbai
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Dear Kaushal, I have reviewed your offer letter, and there is no clause mentioned that specifies the need to serve a notice period. However, I am concerned that your manager might raise the issue when providing you with the relieving letter or experience letter.
To the best of my knowledge, employees are typically required to serve a maximum 15-day notice period during their probationary period if such a clause is mentioned in the offer letter.
According to your offer letter, the company/manager is not obligated to take any action against you, but you do have the option to take action against them. Initially, you should send a polite request via email to your manager. If there is no response, follow up with a warning email. If any issues persist, you have the option to seek assistance from the Labor Law Court.
Note: Ensure that all communication is documented via email.
Regards
From India, Bangalore
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2To the best of my knowledge, employees are typically required to serve a maximum 15-day notice period during their probationary period if such a clause is mentioned in the offer letter.
According to your offer letter, the company/manager is not obligated to take any action against you, but you do have the option to take action against them. Initially, you should send a polite request via email to your manager. If there is no response, follow up with a warning email. If any issues persist, you have the option to seek assistance from the Labor Law Court.
Note: Ensure that all communication is documented via email.
Regards
From India, Bangalore
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