I was working for a real estate company. In the appointment letter soft copy, they had the following terms and conditions:
PROBATION:
You will be on a pre-probation period of fifteen days. Your services can be terminated either during or at the end of the pre-probation period at any time without assigning any reasons and without any notice thereof.
You will be on a probation period of six months, which includes the pre-probation period of fifteen days, and you will continue to remain on probation even after the expiry of the probation period until the date the letter of confirmation is issued to you.
TERMINATION OF SERVICES:
a) Notwithstanding any of the clauses of this letter of appointment, the management reserves the right to terminate this appointment, subsequent to confirmation, by giving you three months' notice or salary in lieu thereof.
b) In case you intend to leave the services of the company, three months' notice is a must, or you will have to surrender salary in lieu of the notice period.
c) Resignation once submitted is irrevocable, except at the discretion of the management.
Moreover, there were other issues like:
1. Salary paid on the 15th of the month.
2. Salary was paid in cash and that too after asking.
3. There were rules like for being on uninformed leave for 1 day, they deducted salary for 3 days.
Because of this, I stopped going to the office after two and a half months without taking the salary of the last month while still in the probation period.
Now they are sending a notice that they would initiate legal action against me.
Considering that I was in the probation period and that they were irregular with salary payment, what legal action can they take against me?
Please note that I have not signed any offer letter and other documents and was also not provided with the appointment letter.
Thanks,
Rohit
From India, Bangalore
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PROBATION:
You will be on a pre-probation period of fifteen days. Your services can be terminated either during or at the end of the pre-probation period at any time without assigning any reasons and without any notice thereof.
You will be on a probation period of six months, which includes the pre-probation period of fifteen days, and you will continue to remain on probation even after the expiry of the probation period until the date the letter of confirmation is issued to you.
TERMINATION OF SERVICES:
a) Notwithstanding any of the clauses of this letter of appointment, the management reserves the right to terminate this appointment, subsequent to confirmation, by giving you three months' notice or salary in lieu thereof.
b) In case you intend to leave the services of the company, three months' notice is a must, or you will have to surrender salary in lieu of the notice period.
c) Resignation once submitted is irrevocable, except at the discretion of the management.
Moreover, there were other issues like:
1. Salary paid on the 15th of the month.
2. Salary was paid in cash and that too after asking.
3. There were rules like for being on uninformed leave for 1 day, they deducted salary for 3 days.
Because of this, I stopped going to the office after two and a half months without taking the salary of the last month while still in the probation period.
Now they are sending a notice that they would initiate legal action against me.
Considering that I was in the probation period and that they were irregular with salary payment, what legal action can they take against me?
Please note that I have not signed any offer letter and other documents and was also not provided with the appointment letter.
Thanks,
Rohit
From India, Bangalore
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What I could gather from your post is that your company has issued a letter to you stating that the company would initiate legal action against you. When you receive any such letter, you need to take cognizance of it and reply to it very carefully. You are advised to reply to this letter through a good advocate. Please provide the advocate with all facts, figures, documents, etc. In any legal matter, evidence plays a vital role.
I intentionally avoided answering you. I usually refrain from commenting on any legal matter unless I have thoroughly read all the related documents.
Thank you.
From India, Mumbai
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2584I intentionally avoided answering you. I usually refrain from commenting on any legal matter unless I have thoroughly read all the related documents.
Thank you.
From India, Mumbai
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Legal Clarification on Severance Dues & Probation Period.PDF
Withdrawl of Resignation and Notice period.doc