Hello Everybody ,
I would like to seek your help.
I have joined in an Engineering firm in Ahemedabad in Feb 2007. In my appointment order it was mentined that I will be in probation for 6 months and it may be extended to one year . Probation will not be more than a year . Confirmation should be in writing . Notice period is 24 hrs/1 month for probation/confirmed. After completing 6 months I got the answer that issuing confirmation letter for higher level people ( GM) is not necessary . After one year I reminded them again about issuing confirmation letter . I had even discussed with Chairman cum Managing Director about my carrer plan and increase in monetary benefit and also the confirmation letter . He also answered that we can sit and finalise. During the one year my performance was very good and CMD himself accepted that . I also waited for the meeting to happen. Till july end i have not been given any increase or confirmation letter.
In end July When I came to my native place on leave , I was severly affected by back pain and doctor advised to take 4 weeks bed rest and aslo told me that it may take some more time to be active. In the mean time , my family menbers also pressed me to stay back due to some family problems.
So I decided and send in my resignation letter on Aug 8 th along with Medical certificate explaining the reasons and to relieve me at the earliest.
I did not get any communication from them for one month and by sep 10 i got settlement account statement , form 16 for the period till july and a cheque for the balance amount . In that they have deducted one month salary as notice period. I wrote them to reverse it since I am still in probation and one month notice is not required.
I have also requested them to send in my P.F papers ( My CTC include contribution of employee and employer) .
Now almost three months over . I had send more than 6 mails to their HR- Head and I did not get any reply and they did not send my P.F papers also.
At this juncture I would like to know , whether I have to write to CMD or take the course legally .
This being the first time in my carrer of more than 25 years , I would like get some advice to end this matter in a win-win situation .
Karthik .
From India, Madras
I would like to seek your help.
I have joined in an Engineering firm in Ahemedabad in Feb 2007. In my appointment order it was mentined that I will be in probation for 6 months and it may be extended to one year . Probation will not be more than a year . Confirmation should be in writing . Notice period is 24 hrs/1 month for probation/confirmed. After completing 6 months I got the answer that issuing confirmation letter for higher level people ( GM) is not necessary . After one year I reminded them again about issuing confirmation letter . I had even discussed with Chairman cum Managing Director about my carrer plan and increase in monetary benefit and also the confirmation letter . He also answered that we can sit and finalise. During the one year my performance was very good and CMD himself accepted that . I also waited for the meeting to happen. Till july end i have not been given any increase or confirmation letter.
In end July When I came to my native place on leave , I was severly affected by back pain and doctor advised to take 4 weeks bed rest and aslo told me that it may take some more time to be active. In the mean time , my family menbers also pressed me to stay back due to some family problems.
So I decided and send in my resignation letter on Aug 8 th along with Medical certificate explaining the reasons and to relieve me at the earliest.
I did not get any communication from them for one month and by sep 10 i got settlement account statement , form 16 for the period till july and a cheque for the balance amount . In that they have deducted one month salary as notice period. I wrote them to reverse it since I am still in probation and one month notice is not required.
I have also requested them to send in my P.F papers ( My CTC include contribution of employee and employer) .
Now almost three months over . I had send more than 6 mails to their HR- Head and I did not get any reply and they did not send my P.F papers also.
At this juncture I would like to know , whether I have to write to CMD or take the course legally .
This being the first time in my carrer of more than 25 years , I would like get some advice to end this matter in a win-win situation .
Karthik .
From India, Madras
Dear karthik,
Since you have not been confirmed in writting one months notice pay should not be deducted. You can certainly address the issue to CMD. See what happens and then decide about legal action.
Also it is mentioned in your App.Letter that probation will not extend more than a year and it should be in writing. In your case these two things seems contradicatory since you have completed one year but you are not confirmed in writting. You can confirm from HR why one months notice pay is deducted? Kindly go through the wordings of your letter, on that basis you can fight a leagl battle if necessary.
Regards,
Harshad
From India, Mumbai
25Since you have not been confirmed in writting one months notice pay should not be deducted. You can certainly address the issue to CMD. See what happens and then decide about legal action.
Also it is mentioned in your App.Letter that probation will not extend more than a year and it should be in writing. In your case these two things seems contradicatory since you have completed one year but you are not confirmed in writting. You can confirm from HR why one months notice pay is deducted? Kindly go through the wordings of your letter, on that basis you can fight a leagl battle if necessary.
Regards,
Harshad
From India, Mumbai
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Resignation cum relieving letter.doc