Navigating Probation Period Leave Rules: Guidelines and Rights

Dear Client, Being the terms of employment as such, you have to serve the two months advance notice tendering resignation from the employment of the Company irrespective of the status of employment that is, under probation or regular employment. So you are dutybound to comply with the terms of the offer letter to tender resignation from the employment of the Company.

Dear Client, FITJEE being an educational service provider is accountable to its student customers for any deficiency in service or unfair trade practice. An aggrieved student dissatisfied with the service of a coaching institution can file a complaint under Sec.35 of the Consumer Protection Act, 2019 before the Dist. Consumer Commission on the ground of deficiency in service claiming refund of coaching fees taken in advance for the whole session by the service provider FITJEE who cannot claim it without providing the service as agreed. Reach out to an Advocate for serving a legal notice to the FITJEE and for filing a complaint against them under the Consumer Protection Act before the Consumer Court claiming a refund of the entire coaching fees along with compensation for harassment. The complaint should be filed within two years from the date of the cause of action, i.e, from the date of refusal to refund the course fees on your demand.

Dear Client, An employee in a Company is governed by the terms of employment i.e, the offer letter. If there is no specific stipulation in your offer letter specifying that the probation period may be extended based on your performance appraisal, then in that case, the company can not extend your probation period outrightly which may be treated as unfair trade practice if the matter is litigated. Similarly, if your offer letter specifies that during the probation period or thereafter, if you tender your resignation you have to serve 3 months notice period and refund back the retention bonus, then you are legally binding by the said conditions of your offer letter and breach of said condition, they may withhold your relieving letter and other settlement dues apart from other action/consequences which may affect your career adversely at the time of Back Ground Verification process when you would resume other Company/establishment. So, when you are not in the mood to continue with your present assignment, negotiate the matter suitably with the current Company. However, in case you found any condition of your offer letter or any action of the Company arbitrary and contrary to natural justice, then reach out to the office of the concerned Labor Commissioner for redressal of your grievance against the management.

Take a copy of the legal notice to a lawyer and request him/her to prepare a reply to this legal notice. It is a specific ask on this matter wherein you have to reply to each and every point mentioned here and that can be done by a lawyer on his letter head under his signature.

Dear Sir, Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 [email protected] Addresses of Labor Inspectors in Bengaluru in different locations https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en ======================================================================= 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.]