Regarding My Employment
8 months ago
I joined one company for 3-month probation and then my probation period was extended to the next 3 months currently I am in my last month of probation. When I joined the organization they shared with me an offer letter with 1 month of notice period. Now recently they signed one more offer letter with a back date where they mentioned 3 months of the notice period and I have to pay the remaining salary if leaving for more than 2 years. Still, they have made one mistake in that offer letter they mentioned the joining date as 4th Sep 2023. Can I put in my resignation and leave the company serving 1 month's notice period?
A.Dear Client,
When an employer intends to change the service condition of an employee, he is required to give a notice under Sec.9 of the I D Act, 1947 to the concerned employee. In the absence of such a notice, the employer cannot change ex-parte, the service condition or contents of the earlier offer letter outrightly, which will be treated as a violation or breach of mandatory provision of the Act and cannot be enforceable on the contest and also termed as unfair labour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations are not applicable to the probationer to regulate or resolve the dispute between a probationer and an employer. The only law in India that deals with probation is the Industrial Employment Standing Order Act, 1946, which applies to any organization or company with at least 100 active permanent employees at any point of time. Any agreement point or term or condition of employment of a probationer cannot override the Standing orders laid down in the Industrial Employment Standing Orders Act, 1946. In the absence of certified standing orders, the model standing orders are being followed. A 30 days notice either from the employee or employer for cessation of employment is required in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders. So, you can tender your resignation serving 1 month's notice period and the employer is dutybound to issue your relieving letter and disbursing your dues. In case the employer denies or disputed the claim, reach out to the office of the concerned Labour Commissioner and file a complaint against the employer for redressal of your grievance.
When an employer intends to change the service condition of an employee, he is required to give a notice under Sec.9 of the I D Act, 1947 to the concerned employee. In the absence of such a notice, the employer cannot change ex-parte, the service condition or contents of the earlier offer letter outrightly, which will be treated as a violation or breach of mandatory provision of the Act and cannot be enforceable on the contest and also termed as unfair labour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations are not applicable to the probationer to regulate or resolve the dispute between a probationer and an employer. The only law in India that deals with probation is the Industrial Employment Standing Order Act, 1946, which applies to any organization or company with at least 100 active permanent employees at any point of time. Any agreement point or term or condition of employment of a probationer cannot override the Standing orders laid down in the Industrial Employment Standing Orders Act, 1946. In the absence of certified standing orders, the model standing orders are being followed. A 30 days notice either from the employee or employer for cessation of employment is required in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders. So, you can tender your resignation serving 1 month's notice period and the employer is dutybound to issue your relieving letter and disbursing your dues. In case the employer denies or disputed the claim, reach out to the office of the concerned Labour Commissioner and file a complaint against the employer for redressal of your grievance.
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A.Dear Client,
Offer Letter vs. New Offer Letter: The terms of your employment are typically outlined in the original offer letter you received when you joined the company. If the company has provided you with a new offer letter with updated terms, you should review both documents to understand which terms are applicable.
Notice Period: If your original offer letter stated a notice period of 1 month, that might be the notice period you are legally required to give. However, if the new offer letter with a 3-month notice period has been backdated and was signed by you, it could potentially create confusion regarding the notice period terms.
Joining Date Error: If there is an error in the new offer letter regarding your joining date, this could further complicate matters. It's important to address this discrepancy and seek clarification from your employer.
Resignation: If you are considering resigning, you should adhere to the notice period stipulated in your original offer letter or any other valid agreement that you have entered into. However, given the potential complications arising from the new offer letter, it's important to seek legal advice before taking any action.
Offer Letter vs. New Offer Letter: The terms of your employment are typically outlined in the original offer letter you received when you joined the company. If the company has provided you with a new offer letter with updated terms, you should review both documents to understand which terms are applicable.
Notice Period: If your original offer letter stated a notice period of 1 month, that might be the notice period you are legally required to give. However, if the new offer letter with a 3-month notice period has been backdated and was signed by you, it could potentially create confusion regarding the notice period terms.
Joining Date Error: If there is an error in the new offer letter regarding your joining date, this could further complicate matters. It's important to address this discrepancy and seek clarification from your employer.
Resignation: If you are considering resigning, you should adhere to the notice period stipulated in your original offer letter or any other valid agreement that you have entered into. However, given the potential complications arising from the new offer letter, it's important to seek legal advice before taking any action.
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