Normally, the probationer's are required to give one month notice, which gets revised to three months on confirmation.Some companies do not give any notice clause for termination during probation period.
But much depends on the appointment letter issued to you.
As you are still on probation, pl , go as per the terms of your appointment letter.
17th October 2010 From India, Hyderabad
I am thankful for the guidance and reply regarding notice period. I got your point that the CL and LOP will not be taken into account.
I sorry to trouble your goodselves once again and request you to clarify me on the following pl.
1) In my appointment order it is clearly mentioned as one month notice or one month pay in lieu of notice.
My point is that I have completed my probationary period 3 months earlier. Till date I have not received any written communication regarding confirmation of my service or extension of the same.
Can I submit my resignation stating that the question of one month notice period or one month salary does not arise as the appointment order is valid for one year only and the same has expired 3 months ago.
More over I am working in a para medical college.
Request your goodselves to clarify me and help me.
18th October 2010 From India, Madras
In my opinion the appointment order issued to you at the time of your joining will be binding on you even after completing one year.
In other words if we look at it from the employer's perspective though he has not confirmed you he has honoured all other commitments in the appointment order i.e retaining you in employment and offering all emoluments agreed.
Moreover, if there are any standing orders of the company and if it states that until the confirmation letter is issued you will be on probation, then it will be binding on you.
The fact is even after completion of probation period 3 months ago you are still continuing in employment which indirectly means that you are willing to abide by the terms and conditions of the appointment order.
In my opinion it will be wise on your part to serve the notice period or if your employer is willing to adjust the leave available to your account (EL accrual for the period of service rendered by you) the extent possible. You also have the option to pay the dues to the company (in lieu of notice period or the amount due after adjusting the leave available to your account).
I presume that this is your maiden employment and considering that it will be wise on your part to depart from your employment by following the rules.
In my opinion the moral responsibility stands before a legal responsibility.
ALL THE VERY BEST!!!
19th October 2010 From India, Madras
Normally the clause in the appointment letter will state that the probation period needs to be confirmed in writing from management to confirm the services of a probationer and unless confirmed the probationer continues to be on probation. This is with a view to allow management to assess the performance of the probationer and decide whether to confirm the services or to extend the probation and in such cases,the confirmation is not automatic on completion of probation period.
If such a clause is in your appointment letter, then your employer not confirming your services will amount to you continuing to be in probation period.In such case you can leave the service based on terms only as per your appointment letter, since the clauses as applicable to confirmed employees like three months notice will not be applicable to you.Some employers make it a point to decide before expiry of the notice period to inform the concerned employee about their decision regarding confirmation of services.
I have explained all these finer points for you , so that you will use this info in future while you wok as a HR head.
This may or may not be relevant in the present case.
20th October 2010 From India, Hyderabad
Normally there should be extension of probation to hold you to a higher notice period if it is so in the Appointment Letter.
If you have an alternate job ready,submit your resignation with 30n days notice and see their response.Depending on their reaction you can act.
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21st October 2010 From India, Bangalore
First I thank both of you very much by sparing your valuable and precious time in guiding and clarifying my points.
I follow your humble guidance when leaving the job and as stated by you I will honour the moral responsibility.
Thanks for your valuable guidance once again.
21st October 2010 From India, Madras
You must also go through the policies of the organization and find out the exit clause, wherein the notice period would be mentioned. The organization can change the policies from time to time and organizations have been doing it
Legally speaking, the terms and conditions of services cannot be changed unless notice has been served on the employees showing the management intention of changing the service conditions. This also need employees consent. If no such course has been adopted, the management cannot affect the changes. However, pl. don't take legal course and settle the issue with your boss
26th October 2010 From India, Delhi
I am working for a software company for last 8 months.I have resigned from my job and i have a notice period of 2 months.
However, i told them repeatedle that i won't be able to serve its full term.Still they insist on doing so and are not ready to relieve me.
I have already served 1 month of notice and i absolutely cannot continue for another month.
Please suggest me, is there any legal binding regarding that.I am not on a probation neither i have signed any bond.
I am ready to pay for my one month notice also.
Will this draw any legal complications??
Would they issue me an Experience letter and Relieving letter in case i stop attending office.
30th December 2010 From India, Bangalore
The employer cannot alter conditions of service arbitrarily to your dis-advantage.
In case your resignation with a notice of 30 days has been accepted, you are not governed under the revised period of notice except that you convey to the employer to release you formally and appoint an official to hand over properties of the company, if any , in your possession. In case this is not possible, please send the same to them with a list and obtain an acknowledgement. You are then free to move out.
31st August 2011 From India, Delhi
I have seen all the comments ans thought to help you here cos jusy 15 days back i have been thru this.
1. What ever is mentioned in Offer/ appointment letter stays valid till new rule bought in is signed by both parties.
I won here cos my company had policy of probation period guys having 1 mnth notice period and upon conf 3 mnths.
I have dis-agreement with What Mr. Kannan mentioned the authority with management is to decide if notice period mentioned in offer letter is of 30 days is to be served or less but not more.
Any change to this has to be intimated to employee on mail prior to his resignation.
I think you are safe and should be relieved by 30 days.
30th April 2013 From India, Badlapur
11th June 2016 From India, Hyderabad
In your case relevant issues are as under:
1.whether your resignation letter was accepted before communication of the longer notice period?
2.Whether the rule of revision of notice period from 30 days to 60 days was notified in general or was conveyed to you only?
3.Whether the new rule was conveyed to you orally or on record? and
4.Whether your appointment letter stipulates that the management reserves the right to amend/modify/alter any rules any time without prior information?
If reply to 1 is yes, you have a case to put up.
If 2. was exclusively for you, you have a case.
If 3. was conveyed to you orally, you have a case.
As regards 4 change in the contents of the letter of appointment requires express consent of the employee concerned and the provision "without prior intimation" does not hold good as per law.
However, the course of action available with you is to speak with the HR or higher authority regarding 1 to 3,if the position exists as above and plead your case mildly seeking compassion. If it does not work it is better to pay for the entire notice pay/period, as your circumstances permit, and call a quitz without any agitation.
17th June 2016 From India, Delhi
Greetings of the day !!
I am working with a well known organisation from past 5 months, but I I have being posted at a very remote location by my company.
Secondly during my appointment I have being told that while reigning I need to serve a notice period of 90 days.
I had accepted the said condition but after completing one month of service my mother started suffering from some disorders due to the atmosphere of my location where I am posted.
I started searching for other opportunities as i realized that my present company will not going to give me transfer or any other option. So after searching for 4 months i got one opportunity & by the time my mother started suffering very terribly with her illness. Now I have resigned & I have done several request regarding early relieving but the HR dept. is not taking it seriously. Although I have informed that I will serve 60 days notice period rather than 90 days but still they are not ready to relieve me.
Apart from above problems they have send me a mail mentioning my last day of working & mentioned a special statement that management is having right to extend your notice period. Therefore I am not able to understand that what is the main objective of the management.
Therefore I request you to please help me in this issue as in one hand my mother is suffering from illness & on the other hand I need to join some organisation to earn my living hood & I need relieving letter from this present employer.
Therefore please help me
With best regards,
20th October 2016 From India, Kandukur