• I worked 7 days in private company in probation period, felt uncomfortable so I left it

I worked 7 days in Private company in Probation period, after I feel uncomfortable and I become seek, so I left it and give them resignation letter. Now company wants me to Pay One month salary and filing the case against me. I want to know what are rules of Probation period in Private IT sector.
Asked 7 years ago in Civil Law

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20 Answers

what were terms of appointment letter? 

 

2) there must be clause that in event you resign you have to serve the one month notice period 

 

3) it is at discretion of company to waive notice period 

 

4) pay one month salary in lieu of notice period 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1) Why have given resignation letter now you can serve one month notice period or payout one month salary to them.

 

2) If you have not given resignation letter to them they themselves have could absconded you from service.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

I would be able to guide you better if i can see the offer letter or your agreement with your Employer, i hope there was no lock in period, and how many days advance notice did you serve? Every company has their own rules and this must be mentioned in your Agreement letter.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

you can book a consultation sir, so that we can directly get in touch.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

seek phone consultation from kaanoon.com

 

send document by email 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

What are appointment conditions ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you leave within the bond period, you must pay the amount.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can upload legal document here . there is an option for uploading legal documents. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can call me via consultation call.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It depends on your offer letter whether there was any penalty clause for early resignation. Don't worry they will rarely so it as they will incur legal expenses for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Please check your appointment letter and if it has a notice clause during the probation period then it is your liability to compensate the company  otherwise they cannot do anything and you and during the probation period you can resign with immediate effect

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The rules are written in your offer letter so they can't go beyond that so read carefully and decide then.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Let me answer your 2nd question 1st:

You need to take a consultation of any of our advocate who's answer/solution you think is suitable.

Once you do that, you can send them via email etc.

 

Now coming to your main question:

In the worst case scenario, even if you are paying 1 month salary, it will be only Basic component of the CTC.

 

If you are a lady, then you can try some other things.

 

Since you fell sick, you can mention that the company's atmosphere is not suitable to you. I know it may sound stupid, but stand strong on these reasons. Get a medical certificate stating that you got sick because of allergic air, etc.

So ideally, when you are stating these reasons, the company cannot change their AC etc for your sake. Also, for you your health is important. And you will get to know about these AC and other things only when you start working there. And in fact you worked there only for 7 days and fell sick.

So if the matter goes to the court, you can say you are willing to join provided they change the AC in the company.

So as a result, they will let you go.

 

You don't have to worry much

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

See the employment in private company is guided by the agreement between the employer and employee so the terms of the agreement need to be perused in case, in case company issues a notice or further in case the company files case same needs to be contested. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can copy the contents of the offer letter the relevant part on resignation in the agreement..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can copy the contents of the offer letter the relevant part on resignation in the agreement..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can copy the contents of the offer letter the relevant part on resignation in the agreement..


You can copy the contents of the offer letter the relevant part on resignation in the agreement..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

During the probation period, you are not on permanent roll of the company. So, you may revert back the company with a reply that working conditions were not good and that put you in sick condition. Hence, the company is liable to pay you and not you. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can come to know about the rules in this regard in your employment offer letter itself.

If you are required to pay one month's salary as compensation for leaving the job without serving the notice period, then you may have to pay the same or else the company may take legal action to recover the same from you.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You cannot any advocate of this forum personally by obtaining their contact details from this forum and get the issue clarified properly.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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