I am working for a startup company of size 20+ from 19th sept-16, till now and I have placed my resignation on 11th jan-17 and agreed to serve notice period of 45days as stipulated in the termination clause.
I just recently found that there is a line probationary clause that says "termination clause is applicable to probation"
Below is the probationary from offer letter,
---Probationary Period---
The Employee shall be on probation for a period of six (6) months from the date of joining.
The Company shall be entitled to forthwith terminate the services of the Employee and this
Agreement at any time during the probation period. The Company may in its sole discretion
extend the Employee’s probation period based on the Employee’s performance, conduct
and/or other factors as the company may deem fit. The Employee’s probation period shall not
be considered to be completed, unless the Employee’sservices are confirmed by the Company
in writing by a Letter of Confirmation. The provisions of Clause 10 shall not apply to a
termination under this Clause.
--- Probationary Period ---
Does this I mean, legally I am not obliged to serve notice period?
From India, Chennai
I just recently found that there is a line probationary clause that says "termination clause is applicable to probation"
Below is the probationary from offer letter,
---Probationary Period---
The Employee shall be on probation for a period of six (6) months from the date of joining.
The Company shall be entitled to forthwith terminate the services of the Employee and this
Agreement at any time during the probation period. The Company may in its sole discretion
extend the Employee’s probation period based on the Employee’s performance, conduct
and/or other factors as the company may deem fit. The Employee’s probation period shall not
be considered to be completed, unless the Employee’sservices are confirmed by the Company
in writing by a Letter of Confirmation. The provisions of Clause 10 shall not apply to a
termination under this Clause.
--- Probationary Period ---
Does this I mean, legally I am not obliged to serve notice period?
From India, Chennai
More details:
My resignation was duly accepted by the management and was already serving my notice period.
Clause 10 is the termination clause and let me know if seniors would like to check that, so I will post it here
From India, Chennai
My resignation was duly accepted by the management and was already serving my notice period.
Clause 10 is the termination clause and let me know if seniors would like to check that, so I will post it here
From India, Chennai
180
@Labour Law Index:
Thanks for the quick reply.
Below is my termination clause
"10. Termination
10.1 This Employment Agreement may be terminated by the Company by giving to the Employee 45 (forty five) days’ notice in writing or salary in lieu thereof at the sole discretion of the Company.
10.2 Subject to the other provisions of this clause, the Employee may resign from employment by giving to the Company 45 (forty five) days’ notice in writing; provided that the Company in its sole discretion will have an option to accept the same and relieve the Employee prior to completion of the stipulated notice period of 45 (forty five) days, without any pay in lieu of the notice period. For the purpose of this clause salary shall be the salary last drawn by the Employee and include all components except employer’s contribution to Provident Fund and any compensation linked to performance.
10.3 If at any time, in the opinion of the management of the Company, which shall be final and binding, the Employee is involved in or is accused of or is guilty of dishonesty, negligence or indiscipline in discharge of the Employee’s duties or of any other conduct, act or omission considered by the management of the Company to be detrimental to the interests of the Company, or in violation of one or more terms of this Agreement or any terms, policies, guidelines, conditions or agreements incorporated by reference in this Agreement, the Employee’s relationship and employment with the Company shall be liable to be terminated with immediate effect, without any prior notice or payment of salary in lieu thereof.
10.4 Unauthorized absence or absence without permission from duty on the part of the Employee shall entitle the Company to terminate this Agreement forthwith without prejudice to the Company’s right available under the applicable laws to initiate legal action against the Employee including without limitation to recover any damages from the Employee.
10.5 If at any time, in the opinion of the management of the Company, which shall be final and binding, any conduct or act of the Employee, or any allegation in respect thereof, may require any enquiry or investigation, the Company may suspend the Employee with immediate effect pending the enquiry or investigation.
10.6 Upon termination of this Agreement or upon suspension, the Employee shall promptly return all letters of authority, powers of attorney or Employer’s property and material in his/her possession to the Employer.
"
I am currently serving notice period since 12th Jan-17, and on 25th Jan-17 i had to leave because of my mothers medical condition and i had already informed HR and team on 25th verbally and through email on 1st Feb.
For reasons i have no clue about and by the time i had left the company I was in very good terms with management, team and HR.
But they have sent many emails on 8th Feb claiming i am absconding and on unauthorized absence, and many more disciplinary issues and have withheld my January salary and previous months compensations.
If notice period doesnt apply to me, can I terminate the employment agreement and still get my due salary and compensations?
From India, Chennai
Thanks for the quick reply.
Below is my termination clause
"10. Termination
10.1 This Employment Agreement may be terminated by the Company by giving to the Employee 45 (forty five) days’ notice in writing or salary in lieu thereof at the sole discretion of the Company.
10.2 Subject to the other provisions of this clause, the Employee may resign from employment by giving to the Company 45 (forty five) days’ notice in writing; provided that the Company in its sole discretion will have an option to accept the same and relieve the Employee prior to completion of the stipulated notice period of 45 (forty five) days, without any pay in lieu of the notice period. For the purpose of this clause salary shall be the salary last drawn by the Employee and include all components except employer’s contribution to Provident Fund and any compensation linked to performance.
10.3 If at any time, in the opinion of the management of the Company, which shall be final and binding, the Employee is involved in or is accused of or is guilty of dishonesty, negligence or indiscipline in discharge of the Employee’s duties or of any other conduct, act or omission considered by the management of the Company to be detrimental to the interests of the Company, or in violation of one or more terms of this Agreement or any terms, policies, guidelines, conditions or agreements incorporated by reference in this Agreement, the Employee’s relationship and employment with the Company shall be liable to be terminated with immediate effect, without any prior notice or payment of salary in lieu thereof.
10.4 Unauthorized absence or absence without permission from duty on the part of the Employee shall entitle the Company to terminate this Agreement forthwith without prejudice to the Company’s right available under the applicable laws to initiate legal action against the Employee including without limitation to recover any damages from the Employee.
10.5 If at any time, in the opinion of the management of the Company, which shall be final and binding, any conduct or act of the Employee, or any allegation in respect thereof, may require any enquiry or investigation, the Company may suspend the Employee with immediate effect pending the enquiry or investigation.
10.6 Upon termination of this Agreement or upon suspension, the Employee shall promptly return all letters of authority, powers of attorney or Employer’s property and material in his/her possession to the Employer.
"
I am currently serving notice period since 12th Jan-17, and on 25th Jan-17 i had to leave because of my mothers medical condition and i had already informed HR and team on 25th verbally and through email on 1st Feb.
For reasons i have no clue about and by the time i had left the company I was in very good terms with management, team and HR.
But they have sent many emails on 8th Feb claiming i am absconding and on unauthorized absence, and many more disciplinary issues and have withheld my January salary and previous months compensations.
If notice period doesnt apply to me, can I terminate the employment agreement and still get my due salary and compensations?
From India, Chennai
Sorry to say but they have intelligently limited the non applicability of clause 10 to termination and not resignation during probation. Read this carefully "The provisions of Clause 10 shall not apply to a
termination under this Clause." So you are not exempted.
But if your mothers condition was that bad that no reasonable individual could have attended the job related duties then they cannot charge you for that. But you are under contractual obligation to serve the period.
From India, Kolkata
termination under this Clause." So you are not exempted.
But if your mothers condition was that bad that no reasonable individual could have attended the job related duties then they cannot charge you for that. But you are under contractual obligation to serve the period.
From India, Kolkata
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Offer letter.pdf
Sample Internship Offer Letter.doc