I was working for a real estate company. In the appointment letter soft copy they had the following terms and condition:
"PROBATION:-
You will be on pre-probation period of fifteen days. Your services can be terminated either during or at
the end of period of pre-probation at any time without assigning any reasons and without any notice
therefore.
You will be on probation period of six months which includes the pre-probation period of fifteen days
and you will continue to remain on probation even after expiry of the period of probation till 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 month’s notice is a must
or you will have to surrender salary in lieu of notice period.
c) Resignation once submitted is irrevocable, except the discretion of the management.
Moreover there were other issues like:
1. Salary paid on 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 office after two and half months without taking the salary of the last month while still in probation period.
Now they are sending Notice that they would initiate legal action against me.
Considering that I was in 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 on any offer letter and other documents and was also not provided with the appointment letter.
Thanks,
Rohit
From India, Bangalore
"PROBATION:-
You will be on pre-probation period of fifteen days. Your services can be terminated either during or at
the end of period of pre-probation at any time without assigning any reasons and without any notice
therefore.
You will be on probation period of six months which includes the pre-probation period of fifteen days
and you will continue to remain on probation even after expiry of the period of probation till 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 month’s notice is a must
or you will have to surrender salary in lieu of notice period.
c) Resignation once submitted is irrevocable, except the discretion of the management.
Moreover there were other issues like:
1. Salary paid on 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 office after two and half months without taking the salary of the last month while still in probation period.
Now they are sending Notice that they would initiate legal action against me.
Considering that I was in 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 on any offer letter and other documents and was also not provided with the appointment letter.
Thanks,
Rohit
From India, Bangalore
Dear Rohit ji,
What I could get from your post is, 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 this letter through any good Advocate. Please give the Advocate all facts and figures, documents etc. In any legal matter, evidencs play very vital role.
Intentionally I avoided answering you. Usually I avoid comments in any legal matter unless I read all documents related in matter very carefully.
From India, Mumbai
2556What I could get from your post is, 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 this letter through any good Advocate. Please give the Advocate all facts and figures, documents etc. In any legal matter, evidencs play very vital role.
Intentionally I avoided answering you. Usually I avoid comments in any legal matter unless I read all documents related in matter very carefully.
From India, Mumbai
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Withdrawl of Resignation and Notice period.doc