Mr. Sheshadri
Normally, the probationer's are required to give one month notice, which gets revised to three months on confirmation.Some companies do not give any notice clause for termination during probation period.
But much depends on the appointment letter issued to you.
As you are still on probation, pl , go as per the terms of your appointment letter.
JR Kumar
From India, Hyderabad
4Normally, the probationer's are required to give one month notice, which gets revised to three months on confirmation.Some companies do not give any notice clause for termination during probation period.
But much depends on the appointment letter issued to you.
As you are still on probation, pl , go as per the terms of your appointment letter.
JR Kumar
From India, Hyderabad
Dear, If You Resign before Policy Change Mail Received, than No Need to follow It. Krunal.
From India, Vadodara
From India, Vadodara
Dear Mr.Kannan and Mr.Kumar,
I am thankful for the guidance and reply regarding notice period. I got your point that the CL and LOP will not be taken into account.
I sorry to trouble your goodselves once again and request you to clarify me on the following pl.
1) In my appointment order it is clearly mentioned as one month notice or one month pay in lieu of notice.
My point is that I have completed my probationary period 3 months earlier. Till date I have not received any written communication regarding confirmation of my service or extension of the same.
Can I submit my resignation stating that the question of one month notice period or one month salary does not arise as the appointment order is valid for one year only and the same has expired 3 months ago.
More over I am working in a para medical college.
Request your goodselves to clarify me and help me.
Regards
K.C.Seshadri
From India, Madras
I am thankful for the guidance and reply regarding notice period. I got your point that the CL and LOP will not be taken into account.
I sorry to trouble your goodselves once again and request you to clarify me on the following pl.
1) In my appointment order it is clearly mentioned as one month notice or one month pay in lieu of notice.
My point is that I have completed my probationary period 3 months earlier. Till date I have not received any written communication regarding confirmation of my service or extension of the same.
Can I submit my resignation stating that the question of one month notice period or one month salary does not arise as the appointment order is valid for one year only and the same has expired 3 months ago.
More over I am working in a para medical college.
Request your goodselves to clarify me and help me.
Regards
K.C.Seshadri
From India, Madras
Dear Mr.Seshadri,
In my opinion the appointment order issued to you at the time of your joining will be binding on you even after completing one year.
In other words if we look at it from the employer's perspective though he has not confirmed you he has honoured all other commitments in the appointment order i.e retaining you in employment and offering all emoluments agreed.
Moreover, if there are any standing orders of the company and if it states that until the confirmation letter is issued you will be on probation, then it will be binding on you.
The fact is even after completion of probation period 3 months ago you are still continuing in employment which indirectly means that you are willing to abide by the terms and conditions of the appointment order.
In my opinion it will be wise on your part to serve the notice period or if your employer is willing to adjust the leave available to your account (EL accrual for the period of service rendered by you) the extent possible. You also have the option to pay the dues to the company (in lieu of notice period or the amount due after adjusting the leave available to your account).
I presume that this is your maiden employment and considering that it will be wise on your part to depart from your employment by following the rules.
In my opinion the moral responsibility stands before a legal responsibility.
ALL THE VERY BEST!!!
M.V.KANNAN
From India, Madras
In my opinion the appointment order issued to you at the time of your joining will be binding on you even after completing one year.
In other words if we look at it from the employer's perspective though he has not confirmed you he has honoured all other commitments in the appointment order i.e retaining you in employment and offering all emoluments agreed.
Moreover, if there are any standing orders of the company and if it states that until the confirmation letter is issued you will be on probation, then it will be binding on you.
The fact is even after completion of probation period 3 months ago you are still continuing in employment which indirectly means that you are willing to abide by the terms and conditions of the appointment order.
In my opinion it will be wise on your part to serve the notice period or if your employer is willing to adjust the leave available to your account (EL accrual for the period of service rendered by you) the extent possible. You also have the option to pay the dues to the company (in lieu of notice period or the amount due after adjusting the leave available to your account).
I presume that this is your maiden employment and considering that it will be wise on your part to depart from your employment by following the rules.
In my opinion the moral responsibility stands before a legal responsibility.
ALL THE VERY BEST!!!
M.V.KANNAN
From India, Madras
Dear Mr. Seshadri
Normally the clause in the appointment letter will state that the probation period needs to be confirmed in writing from management to confirm the services of a probationer and unless confirmed the probationer continues to be on probation. This is with a view to allow management to assess the performance of the probationer and decide whether to confirm the services or to extend the probation and in such cases,the confirmation is not automatic on completion of probation period.
If such a clause is in your appointment letter, then your employer not confirming your services will amount to you continuing to be in probation period.In such case you can leave the service based on terms only as per your appointment letter, since the clauses as applicable to confirmed employees like three months notice will not be applicable to you.Some employers make it a point to decide before expiry of the notice period to inform the concerned employee about their decision regarding confirmation of services.
I have explained all these finer points for you , so that you will use this info in future while you wok as a HR head.
This may or may not be relevant in the present case.
Best wishes.
JR Kumar
From India, Hyderabad
Normally the clause in the appointment letter will state that the probation period needs to be confirmed in writing from management to confirm the services of a probationer and unless confirmed the probationer continues to be on probation. This is with a view to allow management to assess the performance of the probationer and decide whether to confirm the services or to extend the probation and in such cases,the confirmation is not automatic on completion of probation period.
If such a clause is in your appointment letter, then your employer not confirming your services will amount to you continuing to be in probation period.In such case you can leave the service based on terms only as per your appointment letter, since the clauses as applicable to confirmed employees like three months notice will not be applicable to you.Some employers make it a point to decide before expiry of the notice period to inform the concerned employee about their decision regarding confirmation of services.
I have explained all these finer points for you , so that you will use this info in future while you wok as a HR head.
This may or may not be relevant in the present case.
Best wishes.
JR Kumar
From India, Hyderabad
Dear
Normally there should be extension of probation to hold you to a higher notice period if it is so in the Appointment Letter.
If you have an alternate job ready,submit your resignation with 30n days notice and see their response.Depending on their reaction you can act.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile :9840142164- 9025792684.
From India, Bangalore
Normally there should be extension of probation to hold you to a higher notice period if it is so in the Appointment Letter.
If you have an alternate job ready,submit your resignation with 30n days notice and see their response.Depending on their reaction you can act.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile :9840142164- 9025792684.
From India, Bangalore
Dear Mr.Kumar and Mr.Kannan sirs,
First I thank both of you very much by sparing your valuable and precious time in guiding and clarifying my points.
I follow your humble guidance when leaving the job and as stated by you I will honour the moral responsibility.
Thanks for your valuable guidance once again.
Regards
K.C.Seshadri
Trivellore
From India, Madras
First I thank both of you very much by sparing your valuable and precious time in guiding and clarifying my points.
I follow your humble guidance when leaving the job and as stated by you I will honour the moral responsibility.
Thanks for your valuable guidance once again.
Regards
K.C.Seshadri
Trivellore
From India, Madras
The best way is to talk to your boss and explain him that the notice period is 30 days. Legal course is no option as it leads to nowhere.
You must also go through the policies of the organization and find out the exit clause, wherein the notice period would be mentioned. The organization can change the policies from time to time and organizations have been doing it
Legally speaking, the terms and conditions of services cannot be changed unless notice has been served on the employees showing the management intention of changing the service conditions. This also need employees consent. If no such course has been adopted, the management cannot affect the changes. However, pl. don't take legal course and settle the issue with your boss
Regards
Daleep
From India, Delhi
You must also go through the policies of the organization and find out the exit clause, wherein the notice period would be mentioned. The organization can change the policies from time to time and organizations have been doing it
Legally speaking, the terms and conditions of services cannot be changed unless notice has been served on the employees showing the management intention of changing the service conditions. This also need employees consent. If no such course has been adopted, the management cannot affect the changes. However, pl. don't take legal course and settle the issue with your boss
Regards
Daleep
From India, Delhi
Hello Sir,
I am working for a software company for last 8 months.I have resigned from my job and i have a notice period of 2 months.
However, i told them repeatedle that i won't be able to serve its full term.Still they insist on doing so and are not ready to relieve me.
I have already served 1 month of notice and i absolutely cannot continue for another month.
Please suggest me, is there any legal binding regarding that.I am not on a probation neither i have signed any bond.
I am ready to pay for my one month notice also.
Will this draw any legal complications??
Would they issue me an Experience letter and Relieving letter in case i stop attending office.
Thanks,
Natwar Tiwari
From India, Bangalore
I am working for a software company for last 8 months.I have resigned from my job and i have a notice period of 2 months.
However, i told them repeatedle that i won't be able to serve its full term.Still they insist on doing so and are not ready to relieve me.
I have already served 1 month of notice and i absolutely cannot continue for another month.
Please suggest me, is there any legal binding regarding that.I am not on a probation neither i have signed any bond.
I am ready to pay for my one month notice also.
Will this draw any legal complications??
Would they issue me an Experience letter and Relieving letter in case i stop attending office.
Thanks,
Natwar Tiwari
From India, Bangalore
My dear Bhaskar,
The employer cannot alter conditions of service arbitrarily to your dis-advantage.
In case your resignation with a notice of 30 days has been accepted, you are not governed under the revised period of notice except that you convey to the employer to release you formally and appoint an official to hand over properties of the company, if any , in your possession. In case this is not possible, please send the same to them with a list and obtain an acknowledgement. You are then free to move out.
A friend
From India, Delhi
The employer cannot alter conditions of service arbitrarily to your dis-advantage.
In case your resignation with a notice of 30 days has been accepted, you are not governed under the revised period of notice except that you convey to the employer to release you formally and appoint an official to hand over properties of the company, if any , in your possession. In case this is not possible, please send the same to them with a list and obtain an acknowledgement. You are then free to move out.
A friend
From India, Delhi
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