Hi All,
Please see the below clauses provided in my offer letter,
1). You will be on probation until your successful completion of the probationary period is confirmed in writing. The normal probation period is [6] months but may be extended or confirmed earlier based on your performance and at your manager's discretion. At any time during your probationary period, either you or the Company may terminate your service by giving 90 day’s notice or basic salary in lieu thereof.
2). Upon completion of your probation period and confirmation as a regular employee, you or the Company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof. However due to exigencies of business the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect.
Please answer the below questions on the basis of above clauses,
1). According to the Clause 1, I have completed 11 months in the company, however, I haven't received any confirmation from my employer whether my probation period is confirmed. I am assuming that I am still on Probation period. Am I legally correct?
2). Also, I have already resigned from my company, according to notice period during probationary period, I am required to serve 90 days or pay salary in lieu, there is no acceptance required from the employer for the "acceptance of salary in lieu of notice", Am I correct?
3). Can my employer hold my relieving letter in above scenario, since the clause for regular employee does not apply to me, since a written confirmation as required by employment offer letter is not fulfilled?
Thanks
From India, Delhi
Please see the below clauses provided in my offer letter,
1). You will be on probation until your successful completion of the probationary period is confirmed in writing. The normal probation period is [6] months but may be extended or confirmed earlier based on your performance and at your manager's discretion. At any time during your probationary period, either you or the Company may terminate your service by giving 90 day’s notice or basic salary in lieu thereof.
2). Upon completion of your probation period and confirmation as a regular employee, you or the Company may terminate your service at any time by giving 90 days notice or basic salary in lieu thereof. However due to exigencies of business the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect.
Please answer the below questions on the basis of above clauses,
1). According to the Clause 1, I have completed 11 months in the company, however, I haven't received any confirmation from my employer whether my probation period is confirmed. I am assuming that I am still on Probation period. Am I legally correct?
2). Also, I have already resigned from my company, according to notice period during probationary period, I am required to serve 90 days or pay salary in lieu, there is no acceptance required from the employer for the "acceptance of salary in lieu of notice", Am I correct?
3). Can my employer hold my relieving letter in above scenario, since the clause for regular employee does not apply to me, since a written confirmation as required by employment offer letter is not fulfilled?
Thanks
From India, Delhi
Hi,
1) As the employer haven't issued confirmation in writing your services are yet to be confirmed.
2) It is true that either you serve 90 day’s notice or pay basic salary in lieu thereof. However there are chances of your employer insisting for 90 day's notice instead of paying basic salary based on work requirement.
It would be better to clarify with your HR about basic salary payment option rather than checking with Members of this forum. In most of the cases it is the discretion of the employer whether to accept notice or payment in lieu of the notice period.
From India, Madras
9421) As the employer haven't issued confirmation in writing your services are yet to be confirmed.
2) It is true that either you serve 90 day’s notice or pay basic salary in lieu thereof. However there are chances of your employer insisting for 90 day's notice instead of paying basic salary based on work requirement.
It would be better to clarify with your HR about basic salary payment option rather than checking with Members of this forum. In most of the cases it is the discretion of the employer whether to accept notice or payment in lieu of the notice period.
From India, Madras
Thanks Lakshmi Narayanan for your quick reply!
As per the appointment letter (Clause 1 in my question), during probationary period, it is simply stated that "either you or company may terminate by giving 90 days notice or salary in lieu". However in Clause 2, where it talks about regular employee, which states "company may at its sole discretion reject the salary". Hence, since I am on probation and appointment letter does not state that employer can reject the pay, in such case, can I simply serve half notice and pay half salary. Is it correct?
From India, Delhi
As per the appointment letter (Clause 1 in my question), during probationary period, it is simply stated that "either you or company may terminate by giving 90 days notice or salary in lieu". However in Clause 2, where it talks about regular employee, which states "company may at its sole discretion reject the salary". Hence, since I am on probation and appointment letter does not state that employer can reject the pay, in such case, can I simply serve half notice and pay half salary. Is it correct?
From India, Delhi
Hi,
Either full notice or partial notice along with pay for balance period I would suggest you to discuss with your HR. You will get different suggestions from members but ultimately it is your employer who alone can give you final go ahead option.
" However due to exigencies of business the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect."
The above is a standard clause in all appointment orders applicable to employees irrespective of employment status whether on probation or confirmed. So do not assume things by yourself and better know knock HR's door and get things clarified.
From India, Madras
Either full notice or partial notice along with pay for balance period I would suggest you to discuss with your HR. You will get different suggestions from members but ultimately it is your employer who alone can give you final go ahead option.
" However due to exigencies of business the Company may at its sole discretion reject the salary in lieu of notice and ask you to serve the entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect."
The above is a standard clause in all appointment orders applicable to employees irrespective of employment status whether on probation or confirmed. So do not assume things by yourself and better know knock HR's door and get things clarified.
From India, Madras
The reason, why I have been asking these questions here because I have been not getting any response from my manager or HR on emails, regarding the reduction of notice period, they have only responded on a call to serve the full notice period, but my prospective employer is asking me join within 50 days for which they are providing notice buy out option, but my current employer keeping quiet on my email requests. Also, my current employer has been quite negligible on multiple events during my employment in last 11 months (given I work from different location than my primary office), this is the first time when I had to reach out to HR also, but that also has been of no help and not providing a good response. Hence, I have been thinking of leaving the company by serving half notice and paying salary in lieu of notice not served, by stoping logging in after half notice period is served, considering myself a probationary employee.
From India, Delhi
From India, Delhi
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