resignation by employee during probation period?
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resignation by employee during probation period?

rasinha Started The Discussion:

Hi,

I am pasting below the probation clause of my company. Plz read through it and asnwer my question

Question: Can I resign from my company in probation period on a days notice period without loosing my salary for the number of days worked(like the company can terminate me on a days notice period which is explicitly mentioned in probation period clause pasted below)?

Probation Period clause of company
************************************************** *******
Probation Period:
I. You shall be on probation for a period of one hundred and eighty (180) days from the effective start
date of your employment with Company. Company may, in its sole discretion, at any time extend this
period of probation for an additional specified period, upon notice to you.
II. Unless otherwise communicated to you by Company, the probation period shall expire one hundred
and eighty (180) days after your effective start date, unless the probation period is extended for an
additional specified period by the reviewing authority, in which case the probation period shall extend
as specified by the reviewing authority.
III. Notwithstanding anything contained herein, during your probation period, Company may terminate
your employment in a days notice and with or without stating any reason whatsoever.
************************************************** ******

Last clause says company can terminate me on a days notice period, similarly can I leave the comapny on a days period althg it is not mentioned. What are indian govt laws on probation. Can anyone plz advise on this precarious situation.

Thanks,
rasinha.

Vamgodavarthy - Member Since: Mar 2007
If you have already signed the agreement, then you must adhere to the policy.

If you have some genuine problem, you can talk to HR or your reporting manager.

Otherwise, you will have to serve notice period.

regards
Vamsee

RAJESH RAMESH PHADE - Member Since: Oct 2007
Definately yes . But it is also important to ensure that the work does not suffer as a result of your sudden exit . It is always better to leave a company in fair way.

regards
Rajesh Ramesh Phade
Manager HR
Sanjeev Group of Cos
Aurangabad

rasinha - Member Since: Nov 2007
Hi Rajesh,

But my company probation clause is only one way. In agreement they have mentioned that only company can terminate me on a days motice. However they havent mentioned anything whether employee can also leave them on a days notice. Plz clarify.

Also my other question is:
1) Are probation period laws standard all across the country which every company has to follow
or
Every company can define its own probation clauses in agreement and get the agreement signed by the employee.

I have already signed the agreement 2 months back and now m stuck. I wouldnt have left this job but the reason if salary doesnt come on time. Salary comes on 20th of next month for any month. Plz advise.

Also I have heard frm some ppl in company tht company files a court case against people who resign before 2 years(as 2 years is bond period).

But I was thinking tht I can escape during probation itself frm 2 year period. But now when I read probation period clause it is also one way in favour of company.

Plz advise.

Thanks,
rasinha.

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