If an employee who has completed 8 months has been told to resign because the management does not wish to continue his services as they have appointed another person in place of him.
Further the employee was on probation of six months but there is no confirmation letter issued uptil 8 months but also there was not letter stating extension of probation period. In this case will the employment be deemed to be confirmed?
In the above case the employer in good faith tells the employee to put his resignation to take care of his career and promises to pay 3 months notice salary as a good gesture of the company.
But at a later stage, the company does not pay the promised notice salary and nor does it respond to the employee stating any reason.
What is the right of the employee in this case and can he take legal action against the company?
From India, Mumbai
Further the employee was on probation of six months but there is no confirmation letter issued uptil 8 months but also there was not letter stating extension of probation period. In this case will the employment be deemed to be confirmed?
In the above case the employer in good faith tells the employee to put his resignation to take care of his career and promises to pay 3 months notice salary as a good gesture of the company.
But at a later stage, the company does not pay the promised notice salary and nor does it respond to the employee stating any reason.
What is the right of the employee in this case and can he take legal action against the company?
From India, Mumbai
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Withdrawl of Resignation and Notice period.doc