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
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.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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
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.
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.
I want to show you copy of letter, I can not attach here - how can I show you ?
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
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
The rules are written in your offer letter so they can't go beyond that so read carefully and decide then.
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
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.
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..
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.
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.