Is The Notice Period In The Offer Letter Applicable For An Employee In Probation? - CiteHR
Kumaresank
Labour & Industrial Laws
Pb.chakrabarti
Administration
Dineshagarwal
Computer Instructor
Sudhir
As A Hr Officer
Sreekumar.N
Human Resource
Namrata.singh055@gmail.com
Business Consultant
+16 Others

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hi all
I am currently in a probationary period(6 months) without a compensation in a small organization. I was given the offer letter which states that i need to give 1 month of notice before leaving the company. have completed 4 months as of now and have now got very good offer from an other company. My doubt is, can i resign without giving the 1 month notice as mentioned in the offer letter? are the rules stated in the offer letter applicable to the employees under probation? also am not under any contract or bond right now.somebody please clarify.
thanks.

Hi Krishhema,
1. I want to ask, that you are working as an employee or a trainee. Bcoz if you are an employee of any organization, you should get a compensation.
2. Second, generally there is no notice period during the probationary period, u have to serve the notice period, when u get confirmed with the company. Kindly confirm with ur HR person regarding this. As i dont know what eactly is written, i cant comment on that. Or else, try to settle the matter with mutual understanding of your employer.
3. regarding rest of your doubts, you should consult your HR/ Admin personnel. Discuss this matter in generalised manner, without telling your situation to them, and then decide your plan of action.
Regards,
Purnima

I think, it is totally depends on clause in your offer letter. Having said that, you can read your letter carefully - If you can not complete notice period - any alternative ( similar for company side) would be suggested like payment in lieu of notice (as salary in your case is "0").
Check - whether you are in training or probation - as in probation you are eligible to get almost all compensation like confirm employee.
Please state exact statement of your offer letter for more clear views

Hello Ratushar, Being a probationer, worked for only 4 months, "what compensation" he will get. Please clarify. Regards, P Mohan Gandhi
Hi Mohan,
What I understood from his mail is " He is not getting any thing as compensation (money / acco etc) from existing employer"
As probationer - I think he should be compensated with monthly salary OR lets state him Trainee / Apprentice.
When you take some1 on role of company, he should be compensated for his work unless he has been given some big training / certification / attending college kind of benefits.
I stand to be corrected !

Hi

Krishhema24,

Before giving an answer to your question first let me introduce myself, This is Krishnaveni working as a HR Manager and joined newly in this site.

Hi to all my friends and the employees who are visiting to this site. I wish all the very best for your future. Really, i am happy that today i became one of the member among you all to share the knowledge. Once again Hi.......

Krishhema, my knowledge and experience says that notice period of one month or two months are not applicable for those members who are in the probation period. Only after the completion of the probation period u are eligible for the terms and conditions of the company. This is one of the reason where we dont give any paid leaves to the persons who are in probation period. If u get a good opportunity now discuss with the management if u are really a good performer definitely they will consider your case. and may opt you the better salary as more than your better offer, but if still they insist that you have to give a notice period as they gave you lot of training and all to work with them then serve the notice period of one month. As you steped into the present office with a good motive so dont spoil the relationship. And at the sametime inform in the new office that u cant come immediately you need to handover all ur duties and responsibilities for the assigned person and also tell them to wait for one month and you will join as early as possible.

Hope my opinion will give a good suggestion or advise to you and all of my citeHR friends.

bye for now

krishnaveni

Yes,
You have to serve the notice period , because it is mentioned in your offer letter & which you excepted at the time of joining .You have already given the approval on this term ,so no other way either you serve the notice period or you pay for it.
Jyoti

Hi,
Yes, notice period should be served during the probation period, but in your case it is ambiguity, since you say there is no compensation. It is better to sort out the issue amicably sitting with your HR.
Regards,
Sreekumar.N
Chennai

Hi Krishhema,

You stated that you have received only a offer letter, i don't think the offer letter contains anything about the terms and conditions except very few basic informations. If you don't receive any susequent letter of appointment order with detailed terms and conditions from your employer, don't worry no rule cannot bind you to serve the notice period.

My advise is, please go through the order once again carefully, the appointment letter might have an alternative option instead of notice period by means of paying your salary. Generally, during the probation notice period will not apply for the employee, since the title itself probation ( Training ).

Also, I don't understand that the concept of without compensation, do you mean that are you working for free of cost. If yes, don't bother your notice period, you straight away submit your resignation and challenge the issue. Because, it is your survival as well the exploitation by the employer.

Again advicing you before doing so read carefully whatever the letter you have and ask your collegues about the practice of the company similar case like you for better understanding.

Giving positive or negative advise by others are very easy, but you should be very cautious on your determination as per the prevailing circumstances.

Dear Krishhema,
If you have an urgency to join the new organization, then you should talk tothem about your notice period in the current company. If they are ready to wait there is no issue. But if they want you to join on an urgent basis, tell them that the current company may not give you an experience letter. other than that they can't do anything as you are not paid.
This is what i feel.


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