Legal Question in Employment Law in India

Hi,

I joined a company (a limited company) mid January 2014. I am not happy with the kind of work and hence resigned during last week of March 2014. I have requested them to relieve me on April 30.

The appointment letter states 3 months notice period or salary in lieu there of even during probationary period.

Today I had discussion with my HR and they said I can pay for the remaining notice period and they will relieve me.

However, I do not wish to pay for the remaining period as my reason for leaving the company is dissatisfaction of work. Lot of personal work is involved which was not communicated either in interview. Before formally giving my resignation I discussed with them about this but there was no positive response, hence I decided to quit.

Now please advise me on the following:

1)After 1 month notice period, can I stop going to work? (stating the job dissatisfaction and mismatch of interests and doing personal work). The appointment letter states 3 months.

2) What could be the worst scenario if I do not go to office from 1 May 2014? Can the mis-match of job profile be of any use or lean towards me in case of legal action? Dissatisfaction of work / doing personal work was communicated by me verbally. I have not put that in writing in my resignation letter.

3) I am not interested in serving the balance notice period as I feel hostile after discussing with them the actual reasons/dissatisfaction, personal work etc. I was honest with them thinking this can be sorted out by mutual understanding but it has turned out ugly :(

Please provide your inputs.

Regards

Diya


Asked on 4/11/14, 7:36 am

2 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

You have to go by the Appointment letter. You may drop in a detailed query at [email protected]

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Answered on 4/12/14, 12:11 am
Fca Prashant Chavan Expert Edge LLP

17.04.2014

Dear Diya,,

Notice period during probation ranges from 7 days to maximum a month. The Company is being unreasonable in insisting that the notice period during the probation period should be 3 (three) months.

Dissatisfaction of work is valid grounds to resign from service.

You should request the Company to relive you from service at the end of the 30 days period. You should handover all Company property in your possession like laptop, data card, stationery etc back to the Company on the last day and obtain an acknowledgement thereto.

Regards,

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Answered on 4/16/14, 7:29 pm


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