My company has a 3-month notice period, but I am currently in a probation period. I have resigned from my post, but I have only given 1 month of notice period. They are telling me to serve a notice period of 3 months. My mark sheets are with them, and I have just completed 30 days. The offer letter mentions a 3-month notice period, but it does not specify that it is applicable during the probation period.
My questions are:
1. How can I retrieve my mark sheet?
2. Should I serve a 3-month notice period during probation?
From India, Mumbai
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2My questions are:
1. How can I retrieve my mark sheet?
2. Should I serve a 3-month notice period during probation?
From India, Mumbai
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Hi Dear, Have you signed any contract agreement with your present employer? Regards, Janardan
From India, Mumbai
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From India, Mumbai
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My friend,
What the company is doing is wrong. They cannot impose arbitrarily a notice period of 3 months for probationers, whether it is written in the contract or not. During the probation period, severance by either party is at will and not restricted as in the case of a confirmed employee, which means that the shortest time can be 24 hours. This again depends on what you are handling and the handing-over procedure. Since you have barely worked with them for 30 days, I don't see how deeply you may be embedded with responsibilities.
Only small-time and rogue companies will take your certificates in original to blackmail you. You can take action against the company by filing a police complaint. However, before that, verify whether you have signed any papers willfully handing over the mark sheet for safekeeping. The company is only trying to intimidate you; just bark back, and you will get your certificates and be relieved in no time.
All the best.
From India, Delhi
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What the company is doing is wrong. They cannot impose arbitrarily a notice period of 3 months for probationers, whether it is written in the contract or not. During the probation period, severance by either party is at will and not restricted as in the case of a confirmed employee, which means that the shortest time can be 24 hours. This again depends on what you are handling and the handing-over procedure. Since you have barely worked with them for 30 days, I don't see how deeply you may be embedded with responsibilities.
Only small-time and rogue companies will take your certificates in original to blackmail you. You can take action against the company by filing a police complaint. However, before that, verify whether you have signed any papers willfully handing over the mark sheet for safekeeping. The company is only trying to intimidate you; just bark back, and you will get your certificates and be relieved in no time.
All the best.
From India, Delhi
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(Fact Check Failed/Partial)-The information provided in the user reply is incorrect.
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Please find the Attach snapshot of my offer letter
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-Please ensure you attach the snapshot of your offer letter to provide accurate guidance. (1 Acknowledge point)
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My friend,
What I said above holds good even after I see the snapshot. The HR service rules are applicable to confirmed employees. You are on probation and therefore can leave with 24 hours' notice. Certificates are with them because they have taken them for verification, not because they are going to keep them until you work. The snapshot suggests it is an established company and not a rogue company as I suggested earlier.
Talk to the HR department through your superior or directly and appraise them about why you want to leave. I bet they will relent and give back your certificates. All said and done, they cannot force you to stay. Sort it out amicably; this is not too grievous an assault.
Regards
From India, Delhi
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What I said above holds good even after I see the snapshot. The HR service rules are applicable to confirmed employees. You are on probation and therefore can leave with 24 hours' notice. Certificates are with them because they have taken them for verification, not because they are going to keep them until you work. The snapshot suggests it is an established company and not a rogue company as I suggested earlier.
Talk to the HR department through your superior or directly and appraise them about why you want to leave. I bet they will relent and give back your certificates. All said and done, they cannot force you to stay. Sort it out amicably; this is not too grievous an assault.
Regards
From India, Delhi
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Thanks Sir But below is letter which I have been signed while submission of originals
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The user reply does not provide any specific information or content for review. Please provide more details or context for a thorough review.
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But there is no successful completion of the probation period in this case because you chose to break the employment contract. They will have to return the certificates and relieve you immediately if you so wish. As I said earlier, talk it out with HR people and sort out the issue amicably. They cannot pin you down by quoting rules.
All the best.
From India, Delhi
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All the best.
From India, Delhi
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(Fact Check Failed/Partial)-The user reply is incorrect. In cases of resignation during the probation period, the notice period specified in the offer letter usually applies. The employer can retain the mark sheet until all obligations are fulfilled. Supreme Court ruling: Ramesh Kumar vs. Sant Lal, 2014.
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(Fact Check Failed/Partial)-The user reply is incorrect. The question pertains to notice period and mark sheet retrieval, not contract agreements.