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I'm a senior professional with 25 years of experience, working in a gold loan company in Kerala. I resigned in March due to various harassments, especially the non-confirmation after 1.5 years of work. The very next day, they started threatening me, which led me to leave immediately without notice. I also reported all of this to HR, but they denied all allegations against the managing director, to whom I used to report. However, in my initial resignation letter, I had mentioned a three-month notice period which they did not accept and did not release me. According to company policy, if not confirmed in writing, I would be on probation. They did not confirm as I mentioned. The offer letter is silent on the notice period for probationers; it only states a three-month notice period. Now, after one month, I received a show cause notice with many issues, such as not providing salary slips from the previous company and being asked to show my bank statements to prove I have not embezzled (which I haven't). In a public limited company run by the promoter, no one can issue a purchase order or the vendor isn't gullible. Probationers don't have the power to do anything, even if they are senior.

What should I do?

Why should I have to reply to the show cause notice within seven days and justify? I know they may take legal action otherwise. Can you issue a show cause notice to a probationer who resigned a month back? What kind of rule is this? They're even stating that I am absconded while they know I have received their letters! Am I bonded labor that only my employers can release at their discretion? I am facing tremendous harassment after all these years of a clean corporate record! I am very frustrated with the Indian system. Should I go to the media as the company is large? Can employers drag you to court long after resignation for vengeance or fun? Also, can you publish a circular on the intranet and claim consent? The offer letter does not mention this. Can you serve notice via email and not registered mail? Please help.

From India, Kolkata
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I was working in a senior position at a gold company in Kerala. In 1.5 years, I have not been confirmed in writing. The offer states that until confirmed in writing, I am a probationer. I resigned a month ago. Now, the company is sending a show cause notice with bogus claims and says they haven't accepted my resignation. The notice period is 3 months but doesn't mention probationers. Can they now issue a show cause notice to me, and must I reply? Who are they to not relieve me? Is a probationer obligated to give a 3-month notice if it's not explicitly stated in the offer? In fact, their probationer clause says they can terminate me anytime. Isn't it then assumed to be reciprocal? Please help.
From India, Kolkata
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nathrao
3180

When you resigned, did your company accept it?

What is the notice period the company has to give for termination during probation? The same period is the notice period for an employee if he wishes to quit.

Discuss the whole matter with an advocate who works on labor cases and send a proper reply.

From India, Pune
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