Relieving during probation period.
8 months ago
I'm in an organization which have a probation period of six months , after that yhe organization will confirmed you on not or performance basis.But now I have a better opportunity from a MNC but in my current organization there is a clause of serving notice period of 90 days . But I have only 30 days to join to new one and I also want to payout my probation period but HR said if you don't serve your notice period complete then we don't give you letter of relieving instead it , it may letter of termination ( because according to HR there is no clause mention in offer letter regarding payout relieving/payout early relieving) , so what should I do in such case (5th month of probation period).?
An appointment on probation is an appointment on a trial basis. If the employee feels that the role is not for him/her, or he/she was offered alternate employment, it is perfectly acceptable to quit during the probation period. When a condition is stipulated in your contract of employment specifying that you have to serve 90 days notice period, in case you tender resignation, you need to serve your notice period if you want to leave your company during the probation period. In the absence of a provision in the offer letter, you cannot opt for a buyout policy for non-compliance with the required notice period and in such a situation if you left your existing employer/company and join a new one without a relieving letter provided your new company allowed you to resume without a relieving letter. In that case, your present employer may terminate your service for breach of contract which is considered a stigma to the career of an employee and may be a cause of concern in future in course of Background Verification(BGV) of an employee which is a process many organizations carry out in order to verify the information provided by the candidate during hiring. In the prevailing situation, you need to speak with both the employer in detail and try to negotiate the matter suitably. No employer can exploit a career of an employee if it causes no harm or injury to their establishment ignoring the principle of natural justice. If required, you may escalate the matter before the concerned Labour Commissioner or Chief Inspector of shops and establishments praying for their kind intervention into the matter for a resolution considering your career prospect..
Please approach the Labour Commissioner:You can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract, a bank statement is attached to the complaint filed before the labour commissioner.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Listed company registered office in residential premises.
Boss told me to resign
Commercial flate
Resignation wihout notice period
Service Overlap issue
