Resignation in Probation Period
1 month ago
I've resigned in my probation period(duration of probation period 6 months). Now they are asking for the Initial Hiring cost + Replacement Hiring cost + Administration cost etc. Is it legal to ask for these type of cost?
Even there is nothing written regarding notice period in Probation but there was a line written "The Employer holds the final discretion to release or not release an Employee on Probation."
If someone is in notice period and he/she is serving the notice period, then they will get their full salary or basic salary.
A.Dear Client,
If a service bond is in place and significant investments have been made in your training, you may be obligated to repay the specified amount. However, if there hasn't been substantial investment or if the terms of the bond are unclear or unreasonable, you may not be legally bound to repay.
It's common for corporations to use legal notices and blacklist individuals rather than pursuing recovery through civil courts. These tactics are often employed to pressure individuals into complying with the terms of the bond. It's essential to carefully review the terms of the bond and seek legal advice if necessary to understand your rights and obligations before taking any action.
If a service bond is in place and significant investments have been made in your training, you may be obligated to repay the specified amount. However, if there hasn't been substantial investment or if the terms of the bond are unclear or unreasonable, you may not be legally bound to repay.
It's common for corporations to use legal notices and blacklist individuals rather than pursuing recovery through civil courts. These tactics are often employed to pressure individuals into complying with the terms of the bond. It's essential to carefully review the terms of the bond and seek legal advice if necessary to understand your rights and obligations before taking any action.
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A.Dear Client,
In the absence of a specific stipulation in the contract of employment empowering an employer to recover Initial Hiring cost + Replacement Hiring cost + Administration cost etc. from a Probationer in case he tenders his resignation during the probationary period, the employer cannot demand the said expenses from a probationer that amounts to unfair labour practice. A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer to regulate or resolve the dispute between a probationer and an employer. From your query, it is not clear about the days of the notice period required for resignation during the probation period. However in the absence of any specific stipulation in the appointment letter about the notice period, the provision of Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders under the Industrial Employment(Standing Orders) Act, 1946 which is the only law in India that deals with probation. As per Clause 13(1) of model Standing Orders, for cessation of a relationship, either party is required to serve a 30-day notice to the other. So in the prevailing situation, reach out to the office of the Labour Commissioner concerned for filing a complaint over alleged unfair labour practice against the employer for redressal of your grievance.
In the absence of a specific stipulation in the contract of employment empowering an employer to recover Initial Hiring cost + Replacement Hiring cost + Administration cost etc. from a Probationer in case he tenders his resignation during the probationary period, the employer cannot demand the said expenses from a probationer that amounts to unfair labour practice. A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer to regulate or resolve the dispute between a probationer and an employer. From your query, it is not clear about the days of the notice period required for resignation during the probation period. However in the absence of any specific stipulation in the appointment letter about the notice period, the provision of Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders under the Industrial Employment(Standing Orders) Act, 1946 which is the only law in India that deals with probation. As per Clause 13(1) of model Standing Orders, for cessation of a relationship, either party is required to serve a 30-day notice to the other. So in the prevailing situation, reach out to the office of the Labour Commissioner concerned for filing a complaint over alleged unfair labour practice against the employer for redressal of your grievance.
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A.Dear Sir,
If there is a service bond and if they have invested huge amount on your training etc then only you are liable to repay the same otherwise you need not bother. Mostly the corporates never approach Civil Courts for recovery of such amounts but they threaten you by issuing legal notices and putting in blacklists.
If there is a service bond and if they have invested huge amount on your training etc then only you are liable to repay the same otherwise you need not bother. Mostly the corporates never approach Civil Courts for recovery of such amounts but they threaten you by issuing legal notices and putting in blacklists.
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