• Quit job in probation period

I am female, being a lady I suffered with safety n security issues as i spend 12- 13 hrs in office (8am- 8pm). I use two wheeler for transport as well. My family & my child also become disturbed with my odd timing. I decided to leave job instantly without serving notice. I only spent 2.5 months with company. Please tell me do I face any kind of legal issue by the employer.
Asked 2 years ago in Labour from Ghaziabad, Uttar Pradesh

Hello,

Please tell me as to what were the terms of the employment?

Was any expenditure made by the company on you during the time of probation?

What was the termination clause in the employment agreement?

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Hi,

Did you sign any kind of time bound bond with your employer at the time of joining the job.

Go through the conditions that were specified by the employer at the time of joining the job.

If you didn't sign any kind of bond then no problem.

If you did then also nothing to worry, your reason for security is the strong base in your favour to leave the job.

It is illegal that your employer assigned you odd timing shift.

Government have so many guidelines regarding the safety of female employee which are violated by the employer.

So in my point of view you need not to worry.

Hope I am helpful.

Rahul Jatain
Advocate, Rohtak
2320 Answers
4 Consultations

4.9 on 5.0

Are you a government employee? Or you're working with a private firm?

What is the stipulation in your employment agreement as regards to termination?

Please throw light on the above questions, so that a concrete advise be given to you.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

It all depends upon the clause which is been mentioned in your offer letter,if there is any.And I assume that you have not entered into any bond with the company.I don't think that any company will ask their employees to work for 13 hours a day in there offer letter.If there is not any such clause or offer letter or bond you don't have to worry.

Jineshkumar K
Advocate, Chennai
10 Answers

4.0 on 5.0

Dear Querist

its depend on the terms and conditions of the appointment letter, mentioned the terms and conditions related to resignation and termination mention in the appointment letter to get best advice.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5559 Answers
264 Consultations

4.9 on 5.0

Hi

Going by your post on the face of it, it looks to be a genuine one.

However, in order to guide you properly, share the terms and conditions of your appointment letter and also your employment details i.e., nature of your work and the industry which you are involved in.

Upon perusing the same, we can guide you accordingly.

Please do not panic, take care of your child & family. Law will rescue you, if your case is genuine one !!!

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

1) you have to serve notice period as per your appointment letter

2) if you fail to do so employer can sue you to recover the salary for notice period

3)you can also be declared absconder

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

If you haven't signed this page, it will be deemed that you never consented to termination clause. Hence, it can't be enforced.

Thus, the co. shouldn't generally demand 3 months salary from you in lieu of failing to give a clear Notice of 90 days.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
153 Consultations

5.0 on 5.0

The company has the liberty to file a case, on these grounds as stated by you, you can defend the case.

However in my experience I do not usually see such companies filing the cases, so you may sit back and relax.

If any case is filed then you may engage a lawyer and defend the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Hi, it is better to serve them a legal notice , stating an urgency to quit the job due to the odd timings and the safety issues .. Even if they issue legal action in future , you will be having a defence to take

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

There would be legal consequences if you have signed a Legal contract with the company,yes they can sue you,but normally most of the companies will not go for such actions against a newemployee like you.i t all depends upon company to company.the consequences of the breach of contract can be said as below numbered.

1,Company can sue you.

2,Company can black list you .

3,Company will not Hire you in future.

4,Company will deny giving releaving letter.

5,Company will give negative feed back for background verification.

Again let me tell you it all depends and differs from company to company.my suggestions is to sit amd have a talk with the HR ,they might understand your difficulty and things may get sorted out.

Jineshkumar K
Advocate, Chennai
10 Answers

4.0 on 5.0

Dear Madam

Details of termination clause are required.

what is the status if either party terminates during probation ?

Confirm whether you were under Probation or directly on rolls ?

Do you get any thing extra for doing over time ?

Await details..........

S Srinivasa Prasad
Advocate, Hyderabad
1867 Answers
7 Consultations

5.0 on 5.0

Ok..as per your description, even if they file any thing against you then also you may have the situation of paying nothing.

In my opinion you may first receive a legal notice from the company lawyer in reply of which you can mention that the security reason due to odd timings made you quit the job. Also you have not signed the page which mentioned about payment of 90 days salary ...so you have nothing serious to worry about yourself.

Hope I am helpful.

Rahul Jatain
Advocate, Rohtak
2320 Answers
4 Consultations

4.9 on 5.0

You are on safe side,Company my take legal action against you but you needn't to worry you could win.

Narendra Kumar Agnihotri
Advocate, Kanpur
7 Answers

4.0 on 5.0

Mam you should not worry as you have not agreed with termination policy.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

If you are not willing to continue with the employment anymore, then yo may tender yor resignation.

For quitting the job without notice period during probation, you may refer to the employment offer letter clauses.

You can resign the job but you may have to pay the notice period whatever mentioned in the employment offer letter in this regard.

If not, the organisation may even file a money recovery suit.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

As said that you can tender your resignation but if you are directed to pay the notice period compensation you have no alternative than to pay or else the company may file a money recovery suit to recover the same.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

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