Hello All,
I have a general query.
If an employee resigns within probation period and not serving notice period,what are the legal implications in this case considering below clauses mentioned in offer/appointment letter?
As per offer/appointment letter,
3 months probation,resigning during probation one has to serve one month notice period .
resignation after confirmation ,one has to serve 2 months or salary in lieu thereof.
Under this clauses,what can employer & employee do?
From India, Madras
I have a general query.
If an employee resigns within probation period and not serving notice period,what are the legal implications in this case considering below clauses mentioned in offer/appointment letter?
As per offer/appointment letter,
3 months probation,resigning during probation one has to serve one month notice period .
resignation after confirmation ,one has to serve 2 months or salary in lieu thereof.
Under this clauses,what can employer & employee do?
From India, Madras
In case of resignation during the probation period, if an employee has to serve one month notice period according to his offer/appointment letter, he has to serve his notice period. Otherwise company can deduct the amount for his notice period.
Similar is in the case if an employee resigns after confirmation. He has to serve two month notice period or company can deduct the amount for his notice period.
If there is no salary pending for recovering the amount company can move legally if required.
Regards
Vidhu
From India, Delhi
2Similar is in the case if an employee resigns after confirmation. He has to serve two month notice period or company can deduct the amount for his notice period.
If there is no salary pending for recovering the amount company can move legally if required.
Regards
Vidhu
From India, Delhi
well generally in most cases the employee absconds and keeps a low profile, in the IT setup there are many companies willing to buy back the entire notice period also.
Generally the present company can blacklist this employee and if they can trace his new employee a mail can be sent to the HR, cause it would also be a case of dual employment wherein the person has not been terminated from his present employment in the organisation.
Taking a legal recourse is the right thing to do, but it would involve a lot of time & effort and in most cases the companies would like to avoid such legal hassles.
From India, Pune
Generally the present company can blacklist this employee and if they can trace his new employee a mail can be sent to the HR, cause it would also be a case of dual employment wherein the person has not been terminated from his present employment in the organisation.
Taking a legal recourse is the right thing to do, but it would involve a lot of time & effort and in most cases the companies would like to avoid such legal hassles.
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Legal Clarification on Severance Dues & Probation Period.PDF
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls