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Last Updated On 19-Apr-2024
Corporate and Incorporation

Do I need to serve notice

I joined my company in Mumbai as a trainee. My 6 months of traineeship are over and I have decided to leave the company. In my offer letter, they have not mentioned anything about a notice period, if I do not wish to convert to an employee after the end of my trainee period. Nowhere in any policies have they mentioned a notice period. Previous trainees who left did not serve a notice. However I am being pressured into serving a 1 month notice period. What can I do? I have stated that it's not mentioned anywhere but they are telling me that it is common practice to serve notice. I know that is wrong, and that trainees and interns do not have a notice period, but I don't know what to tell them. Please help.

( Mumbai City, Maharashtra )

01-Apr-2024

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A.
Dear Client,

A trainee is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the trainee to regulate or resolve the dispute between a trainee and an employer. Moreover, in the absence of a specific stipulation in the appointment letter about the notice period required for resignation, the company cannot force a trainee to serve a notice period who tendered his resignation upon completion of his training which amounts to unfair labour practices. Although you are not a workman under the I D Act, still you can approach the concerned Labour Commissioner of the State Govt. for redressal of your grievance against the unfair labour practices of the Company.
Posted On 19-Apr-2024
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A.
Dear Client,
A trainee is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the trainee to regulate or resolve the dispute between a trainee and an employer. Moreover, in the absence of a specific stipulation in the appointment letter about the notice period required for resignation, the company cannot force a trainee to serve a notice period who tendered his resignation upon completion of his training which amounts to unfair labour practices. Although you are not a workman under the I D Act, still you can approach the concerned Labour Commissioner of the State Govt. for redressal of your grievance against the unfair labour practices of the Company.
Posted On 02-Apr-2024
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