Dear All,
I have joined a company one month ago. I have tendered my resignation recently.
Right now i am in probation period since i have joined the company in the last month. So, as per the contract, i can pay one month's basic pay to the employer and can terminate my service.
More over i didn't receive or undergone any business/project related functional KT.
According to the contract/deal, we have:
" 1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of probation period you will be confirmed in the services of the company."
" 4. During the Probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, notice period for severance will be three months on either side or salary in lieu thereof. Salary for purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."
Now that i dont want to serve the notice period and i am asking them to deduct one month's basic pay from the current month salary plus any other charges as applicable, as per the contract. I even asked them if any mode of payment is required please let me know.
But the HR is refusing to release me immediately and asking me to serve the one month's notice period or they will take the legal action's against me.
I have asked them to go with the contract/deal that i have signed at the time of joining with the employer, HR is behaving very arrogantly! and ignoring my request.
i dont need the releiving letter also but i just wanted to know whthr any thing they can do legally in this case.
Thanks in Advance! for all your valuable inputs
Harish
From India, Madras
I have joined a company one month ago. I have tendered my resignation recently.
Right now i am in probation period since i have joined the company in the last month. So, as per the contract, i can pay one month's basic pay to the employer and can terminate my service.
More over i didn't receive or undergone any business/project related functional KT.
According to the contract/deal, we have:
" 1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of probation period you will be confirmed in the services of the company."
" 4. During the Probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, notice period for severance will be three months on either side or salary in lieu thereof. Salary for purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."
Now that i dont want to serve the notice period and i am asking them to deduct one month's basic pay from the current month salary plus any other charges as applicable, as per the contract. I even asked them if any mode of payment is required please let me know.
But the HR is refusing to release me immediately and asking me to serve the one month's notice period or they will take the legal action's against me.
I have asked them to go with the contract/deal that i have signed at the time of joining with the employer, HR is behaving very arrogantly! and ignoring my request.
i dont need the releiving letter also but i just wanted to know whthr any thing they can do legally in this case.
Thanks in Advance! for all your valuable inputs
Harish
From India, Madras
Point number 4 very clearly states that
During the Probation period, your services can be terminated [B]by one month's notice on either side or salary in lieu thereof.
Therefore you can also tell them that a legal action can be taken only when you are not paying the salary nor giving the notice period. Since you are ready to pay the amount and also are not yet confirmed therby it is incorrect on their part to do the same.
Incase you do not get your Releiving letter, a copy of the resignation letter can also suffice.
All the best
From India, Mumbai
2During the Probation period, your services can be terminated [B]by one month's notice on either side or salary in lieu thereof.
Therefore you can also tell them that a legal action can be taken only when you are not paying the salary nor giving the notice period. Since you are ready to pay the amount and also are not yet confirmed therby it is incorrect on their part to do the same.
Incase you do not get your Releiving letter, a copy of the resignation letter can also suffice.
All the best
From India, Mumbai
Dear Harish,
Dont take any drastic decisions from your end which may spoil your career.
As stated by you point no 4 clearly tell that you will be relived by serving the notice period of 1 month or paying notice pay only if the management agrees to do so.
Understand the problem from management side too. If you are an important resource then the position should be taken over by someone so as to continue the work. and yes of course it is completely your decision to not to serve that 1 month notice period also watever the reasons may be when you are decided to.
Now comming to point when you want to be relieved immediately my suggestion is convince ur HR. and in worst case which i should not suggest is that just quit without any notice period because anyways ur such a less period of work will not benefit u anywhre if shown also.
All the best.
From India, Hyderabad
Dont take any drastic decisions from your end which may spoil your career.
As stated by you point no 4 clearly tell that you will be relived by serving the notice period of 1 month or paying notice pay only if the management agrees to do so.
Understand the problem from management side too. If you are an important resource then the position should be taken over by someone so as to continue the work. and yes of course it is completely your decision to not to serve that 1 month notice period also watever the reasons may be when you are decided to.
Now comming to point when you want to be relieved immediately my suggestion is convince ur HR. and in worst case which i should not suggest is that just quit without any notice period because anyways ur such a less period of work will not benefit u anywhre if shown also.
All the best.
From India, Hyderabad
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