Greetings, Learned Team,
I would like to share my case and would need your guidance. I worked for a Madhya Pradesh-based IT company for 16 days. As I didn't like the work and its culture, I decided to quit.
As per my offer letter:
1) I need to give a notice period of two months in case I decide to quit. It does not mention anything about whether this notice period is during probation or after permanent employment. Also, it does not address whether I need to pay in lieu of the notice period if I don't serve it. The letter states that the company reserves the right to not give my salary in lieu of the remaining notice period and will not accept money in lieu of the notice period offered by me.
My queries are as follows:
1) Am I required to serve any notice period when my period of service is 16 days (less than 30 days)? If yes, how many days/months as per labor law in India?
2) Can a company keep the same notice period for both probationary and permanent employees? Is this not unfair from the employer's side, where the employee does not have the right to make a decision if they don't like the work?
3) Nowhere in my offer letter and appointment letter has it been mentioned that I need to pay in lieu of the notice period if I am unable to serve it.
4) How does the Shop and Establishment Act of MP help employees who are in probation?
5) I don't need any relieving letter or certificate from the company.
6) My resignation was immediately accepted by the company as I was not a critical resource to them.
7) Can the company file a lawsuit against me if I refuse to pay them in my case?
Please help me understand this problem and suggest a suitable solution for future action. I would be happy to call if someone wants to consult me.
Regards,
Gaurav
From India, Pune
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3I would like to share my case and would need your guidance. I worked for a Madhya Pradesh-based IT company for 16 days. As I didn't like the work and its culture, I decided to quit.
As per my offer letter:
1) I need to give a notice period of two months in case I decide to quit. It does not mention anything about whether this notice period is during probation or after permanent employment. Also, it does not address whether I need to pay in lieu of the notice period if I don't serve it. The letter states that the company reserves the right to not give my salary in lieu of the remaining notice period and will not accept money in lieu of the notice period offered by me.
My queries are as follows:
1) Am I required to serve any notice period when my period of service is 16 days (less than 30 days)? If yes, how many days/months as per labor law in India?
2) Can a company keep the same notice period for both probationary and permanent employees? Is this not unfair from the employer's side, where the employee does not have the right to make a decision if they don't like the work?
3) Nowhere in my offer letter and appointment letter has it been mentioned that I need to pay in lieu of the notice period if I am unable to serve it.
4) How does the Shop and Establishment Act of MP help employees who are in probation?
5) I don't need any relieving letter or certificate from the company.
6) My resignation was immediately accepted by the company as I was not a critical resource to them.
7) Can the company file a lawsuit against me if I refuse to pay them in my case?
Please help me understand this problem and suggest a suitable solution for future action. I would be happy to call if someone wants to consult me.
Regards,
Gaurav
From India, Pune
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Can you put up your probation letter online in the forum? Mask details of name etc
From India, Pune
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From India, Pune
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Greetings Team,
I am attaching documents related to the offer letter and appointment letter. Just to highlight, my offer letter does not contain any terms or rules regarding the probation period. Specifically, it does not mention the notice period I need to give in case of resigning within that period, nor does it state that I need to pay in lieu of the notice period.
I hope these documents are helpful.
Regards,
Gaurav
From India, Pune
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I am attaching documents related to the offer letter and appointment letter. Just to highlight, my offer letter does not contain any terms or rules regarding the probation period. Specifically, it does not mention the notice period I need to give in case of resigning within that period, nor does it state that I need to pay in lieu of the notice period.
I hope these documents are helpful.
Regards,
Gaurav
From India, Pune
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(Fact Check Failed/Partial)-The user's reply is incorrect. The offer letter and appointment letter should be reviewed for notice period terms. Notice periods are essential even during probation. It's crucial to understand the company's policies fully.
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The company has asked you to give 2 months' notice as stated in your offer documents. Your probation period is 4 months accordingly. You are bound by Paragraph 14 of the termination policy as indicated. The company may or may not take action if you leave without following the formalities as stipulated. Therefore, make a decision based on a thorough reading of all the attached documents.
From India, Pune
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From India, Pune
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(Fact Check Failed/Partial)-The user reply contains inaccuracies. The labor laws in India do not typically require a notice period for employment periods as short as 16 days. The probation period and notice period mentioned do not align with standard practices.
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As per documents, there is no mention of pay in lieu of Notice Period. Can the company bind me to pay for the Notice Period? Also, does the Shop and Establishment Act bring some relief when the service period is less than 30 days in terms of the Notice Period?
Additionally, is it lawful when the employer doesn't give equal opportunity to the employee during the probation period? Is this right as per the definition of a probationer by Indian labor law?
I have already left the company and joined a new firm. Everything ended on a happy note; I was neither asked to serve a Notice Period by HR nor reminded to pay anything. They accepted my resignation immediately as I didn't like the work. Now, is this scenario of using this contract to earn from the employee really up to the mark?
From India, Pune
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Additionally, is it lawful when the employer doesn't give equal opportunity to the employee during the probation period? Is this right as per the definition of a probationer by Indian labor law?
I have already left the company and joined a new firm. Everything ended on a happy note; I was neither asked to serve a Notice Period by HR nor reminded to pay anything. They accepted my resignation immediately as I didn't like the work. Now, is this scenario of using this contract to earn from the employee really up to the mark?
From India, Pune
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(Fact Check Failed/Partial)-The user reply is incorrect. As per Indian labor laws, notice periods are typically not applicable for employees with a service period of fewer than 30 days. The Shop and Establishment Act of Madhya Pradesh may provide some relief in this situation. Additionally, it is not lawful for an employer to impose a notice period requirement without proper contractual terms. There are provisions in labor laws that protect employees in such cases. It's advisable to seek legal advice if faced with any legal actions by the previous employer.
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Whatever may be the working days, but you have to serve the 'notice period' as per your terms of appointment. Your intention is not to abide by the notice period and also not to obtain any relieving letter in connection with your appointment; this is a one-sided view. You can stay off on your own. The management is free to take legal action for the violation of the contract of appointment by you, if required.
Are you sure that the HR Manager of the previous company is not a member of this forum?
From India, Mumbai
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Are you sure that the HR Manager of the previous company is not a member of this forum?
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply contains inaccuracies: 1. Notice periods for employees with less than 30 days of service are not mandated by Indian labor laws. 2. A company must differentiate notice periods for probationary and permanent employees. 3. The company cannot legally withhold salary in lieu of a notice period without prior agreement. 4. Shop and Establishment Acts are state-specific and may not directly address probationary employees. 5. Employees generally have the right to a relieving letter upon resignation. 6. Legal action cannot be taken for simply resigning without serving a notice period.
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I am not worried if HR of that super respected company is over here or not. He or she may take x number of actions as per their will. The motive over here is to understand what Indian Labour Law and Shop & Establishment Act provide to candidates who are in probation and how when I am not the contract maker, why I should be paying for such an immature contract which does not even classify or specify obvious things!
Also, my idea over here is not to present a one-sided view but to understand if a company can write such a one-sided contract which does not give equal opportunity to the employee to choose his option when the employer doesn't suit his promise. By the way, for your knowledge, there are existing laws to protect employees in such cases in some states but not pan-India.
As per the Bombay SE Act, there should be no notice period applicable if the employee has served for less than 3 months. You may, however, check with the Inspector under the SE Act or ALC at your location and obtain the latest version of the Act applicable to your state from the Department of Labor website of your state or market. The SE Act is applicable to IT companies.
From India, Pune
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Also, my idea over here is not to present a one-sided view but to understand if a company can write such a one-sided contract which does not give equal opportunity to the employee to choose his option when the employer doesn't suit his promise. By the way, for your knowledge, there are existing laws to protect employees in such cases in some states but not pan-India.
As per the Bombay SE Act, there should be no notice period applicable if the employee has served for less than 3 months. You may, however, check with the Inspector under the SE Act or ALC at your location and obtain the latest version of the Act applicable to your state from the Department of Labor website of your state or market. The SE Act is applicable to IT companies.
From India, Pune
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(Fact Check Failed/Partial)-The information provided in the user reply is partially correct. The Shop and Establishment Act of Bombay does indeed state that there should be no notice period applicable if the employee has served for less than 3 months. However, it's essential to note that the Shop and Establishment Act may vary by state and may not be applicable to all industries uniformly. It's recommended to check with the relevant authorities for the most accurate information.
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(Fact Checked)-The request to put up the probation letter online is not advisable due to privacy concerns. It's best to seek guidance without sharing sensitive documents. (1 Acknowledge point)