iamoneplus
i have joined company on 5th sep & now i want to leave company. Can i leave company without notice period. As per my offer letter: " You will be on probation period for six months from your date of joining. You will be deemed to be on probation until you are given a letter confirming your services in the company. during the probation period, your services can be terminated by either side without giving any notice or assigning any reason. Post confirmation,your services can be terminated by giving two months written notice from either side or payment of salary(basic) salary in lieu thereof." Plz suggest my email id is .
From India
korgaonkar k a
2556

Dear Lamoneplus,
It is clearly mentioned in your lettet that during probation period your services can be terminated by either side without giving any notice or assigning any reason. According to this, you can resign with immediate effect without giving any reason.

From India, Mumbai
iamoneplus
Thanks for the reply. If i give one day notice period , Do i will get salary for the time period i worked here? Another thing can company will provide me relieving letter if i leave during probation period?
From India
imsunnyhyd
Hi i am working with one organization and completed 10 months and not been confirmed and haven't got any confirmation also on extenson or confirmation till now from my HR/ BOSS yet meanwhile i have been selected in a very big company with 3 times higher package than my current company.i have resigned and given them notice period of 10 days but my boss is asking me to serve 30 days notice period.Since i am not confirmed can i leave the job in 7 days. as per my resignation mail sent to them. Below are my offer letter clauses.

Please help me i am confused.

1st Clause

"You would be in probation period fro six months form date of joining and you would be confirmed post successful completion of your training period. During this period your services can be terminated without assigning any reason.Your probation would be automatically extended un till and unless your company conveys your confirmation

2nd Clause

On Resignation you/employee have to serve 1 month notice period.Notice period cannot be set off with leave balances or in lieu of payment.However under circumstances beyond control,head HR on his/her discretion can allow notice period set off against in lieu of payment/Balance leaves subject to 50% of notice period

From India, Hyderabad
korgaonkar k a
2556

Dear Imsunnyhyd,

The clauses of your appointment letter seems to be, to me, bad in Law. You are not entitled to tender any notice. Legally you are still on probation.

But individual like you and me can not spend our energy, time and money in litigation. Also you need relieving letter with no adverse remark.

Therefore, my advise to you, you should talk to your seniors in very humble manner and request for early relieving.

If your future employer is not asking for any relieving letter or experience letter, quite the present job. But please do two things:

(i) talk to your future employer all this things and keep him in confidence. You have only 10 month's sevice; and

(ii) write to your present employer that, you were appointed on probation on this date. On completion of probation you were not given any order of conformation and therefore, as per the terms of appointment you are still on probation. You are entitled to give no notice of resigning but still the notice is given by you on this date by email communication which Is confirmed by your employer. Under this circumstances you have decided to quite your job. Kindly settle the dues.

This time please do not make mistake by sending this letter by email communication. Please send it by Regd. AD.

From India, Mumbai
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