Forced To Serve 3 Months Notice Period In Probation - CiteHR
Janardan_raccha
Sr. Hr Team Member
Rramxx
Tqm Consultant
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Pon1965
Construction
Aussiejohn
Trainer
Samvedan
Consultancy_hr & Ir
Avinash Dhomse
Hr Manager
+1 Other

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Hello,

I hope this is the best place and thread to convey my problem.

I am working in an IT company and joined in 1st week of April 2014 (actual date not disclosed) still in probation period. Last month I decided to resign and sent a formal email of resignation to HR on 1st week of Sept 2014 (actual date not disclosed) till 45 days.

The reason for my resignation is related to my family as my father is having a lower back issue and doctor has suggested for MRI scan and surgery ASAP. As I am the only son of my parents so I have to go back and look after him and family businedd for some time till an until my father is completely recovered. We also have a family business from past 25 years and my father is only looking after it and he even supported me whether I want to run my family business of to choose my career in IT.

The total experience I have is 5+ years.

Due to the above reason I have to resign and now my manager and HR is not responding and reacting upon this. I have also explained my reason to them upon which they are asking me to serve 3 months notice period and go and do the surgery of your father. {Now tell me does this makes any sense} is this how cold hearted the management is ?

Upon hearing this unexpected my perception looking towards have changed completely.

The reason for they are telling me to serve 3 months because they have changed the HR policy a day prior to my resignation and on which they cannot amend it on this serious medical grounds. They even said that if I have resigned a day before the policy amendment they would have considered my notice and relieved me. (Now you tell me that whether this policy amendment would have strike in to my dreams stating that go an put the resignation as tomorrow or day after it will be amended, I am not a GOD or nor do I have super natural powers)

Further my really idiot and useless manager and his manager response is that they are helpless. They cant do anything they are helpless. Every time they have the same response. I think because they are useless and hopeless.

Note :: I have not taken a single leave in my entire probation period and even worked on national holidays. Only once I asked them that I will not be coming to office tomorrow as I was sick and not feeling well. Upon which my IDIOT, HOPELESS, USELESS manager response is that he cannot do anything as he is helpless and have resource crunch and there is no one in the shift so I have to come and do my shift and that too I was the only person in the entire shift.

I mean which kind of people they are? Which kind of mind they have? They treat us like machines and Robots.

I am sorry for being rude in the above as I cannot control my feelings over here. In my entire career life - till now I have not seen such kind of managers and seniors.

Really I have a huge huge list of reasons and incidents against managers which is endless.

I even have a medical certificate from doctor for this and I cannot afford to go for buyout option.

Can someone please shed some light on my problem also let me know if require any further information. (But no company information)

Awaiting your response.

Thank you.
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Hello,

Frankly I am shocked beyond belief at your anger.

You are using expletives that you should avoid in any case.

In this case you have a problem which is very serious in your thinking and no one has a right to be judgmental about it!

But please first look into your Letter of Appointment and study its provisions as regards separation from employment and mutual obligations concerning the same. Your long mail is completely silent on this aspect. Look, employment is a "contract" that carries covenants fro both the parties for various matters covered by the employment relations with the organization. This contract can not be changed unilaterally by any party to the contract.

Change of policy regarding "notice period" is a lame reason. Have you agreed in the contract of employment (Letter of Appointment) that you agree to govern by any unilateral changes in service conditions, implemented by the management! One has to know this before advising you!

Further, USUALLY there is no requirement as regards "Notice Period" while on probation (though some employers insert a clause requiring a Notice Period if either party decides to terminate the contract during the probation period). What is the scenario in your case?

How ever angry you may be over an issue, if you desire good advice, you must, in your enlightened self interests, provide ALL relevant facts. I do not think you have done so in your instant query! You may win sympathies from members but no good advice if necessary information is not provided.

Kindly reconsider your situation and revert if you so desire!

Cheers, the world has not come to an end, nor will the skies fall down.

Regards

samvedan

October 4, 2014

-----------------------
See your terms of employment. HR is bound to go by the employment contract. Exceptional cases like yours may be considered at the recommendations of your reporting manager. In any large organisations, personal interests or problems are least considered as they go by their policies. Blaming them is of no use to you. You can personally request your line manager to explain to HR for relaxing the rules.
Pon
Mr. Anonymous,

As already advised by two considerate persons above, the letter received by you at the time of appointment lays down the separation conditions. If it says that 3 months' notice is required from either side, you can't over-rule it now; does it also say that your terms are liable to change any time by the management? If it does, they have the right to change it for whatever reasons.

However, if your needs are so urgent, you can always pay them the equivalent of the notice period salary and leave the company (if the appointment letter gives that provision).

Being in the good books of the superiors will always help in this kind of situation - by calling them names, you cannot achieve your objectives. You will perhaps realise it when you run your father's business, for the shoe will be on the other foot!

Be nice and polite to them however much you dislike their attitude - they have a company to run, whatever is their level of compassion.

And why an email letter of resignation? Could you not have writen a hard copy, delivered it personally and explained the reasons politely at the same time? The reaction might have been different.

Please remember that it is said that thoughts travel from mind to mind, irrespective of the words. If you have respect to others in your mind, it will automatically exhibit itself; so is the converse.

R Ramamurthy
Dear Anonymous,
Actually I agree with Ramamurthy, you should have spoken to your superiors on the medical condition of your father. If you had asked them their opinion on what steps you should take, so that you take care of your father and your family business, this episode would have been different. If you had used this step, i am sure, you would have had a different experience than what you are having now. My recommendations is that, whatever may be the case, you should avoid writing such language against your superiors.
Now that it is too late, you have two options, either you pay the notice period or you can just go away without a relieving process and letter, i don't think company can take any action.
Nevertheless, this kind of attitude of HR actually puts HR fraternity in shame.
Regards
Dolphy Goveas
First of All- Under probation notice period is not applicable.
Leave aside legal position- Explain your situation to the management. Also tell them that under probation period notice period is not applicable.
Both sides will have to co-operate to the maximum.
Almost every day here on CiteHR we have these instances of people being bound by contracts, many of which I think in the Western world, would be deemed unconscionable.

However, I appreciate that things are different in India. BUT, nothing is ever going to change unless YOU make it change.

I appreciate that jobs are hard to get, and that when people are desperate, they will agree (foolishly in my belief) to outrageous terms. That said, the time has come for people to start standing up for what is fair and reasonable.

Yes, companies have a business to run, but there is no reason not to run that business in a fair, reasonable and ETHICAL manner. The OP makes a valid point that companies treat their staff like machines, and have no regard for them. I have experienced that myself.

Somewhere, somehow, people are going to have to make a stand. STOP signing such contracts that force you to serve out unethical notice periods. STOP handing over original certificates as surety. STOP working for employers who do not abide by labour laws. STOP working for employers who do not provide a safe working environment.

AND YES, I AM WELL AWARE THAT THIS IS NOT EASY TO DO, and I have no easy answers to help you.

But burying your head in the sand and ignoring it WILL NOT make it go away.

BEFORE you sign any employment contract, MAKE SURE there are no provisions that could trip you up in future, especially if you have elderly parents, health issues, a marriage on the horizon, or anything at all.

By the same token, you should not be allowed to just walk away from a job merely because you don't like it. YOU must do your homework first and ensure that if you accept an offer, it is a job you want to do, with a company you want to work with, and with a salary you are happy with. If you just want more money, and don't care about anything else, then don't accept a job till you find the one that pays what you think you should get.

Unfortunately, I have no advice for the OP, other than seeking legal advice, which might be enough to encourage the employer to act more reasonably.
Hello,

I am not sure if anything more can be added further to what the members have already mentioned.

In a single line, all that can be said is: when you had a chance to make the Company a part of the solution [to the issue of your father's surgery & the consequential situation @ your end], you ended-up making the Company a part of the problem instead [either by your foolhardy OR plain take-for-granted attitude].

I guess you have ONLY 2 options/choices right now:

1] Forget about this experience & walk-off from the job [and be ready to face the consequences, whatever they may be].

2] Serve the 3 months Notice period & go smoothly.

I would suggest the (2) choice--even though it might be tough coming down after taking the high-altitude position once.

To the extent I know about the medical situation you mentioned, a MRI Scan doesn't need you to quit jobs. And surgeries for the conditions you mentioned are SURELY not emergency [meaning life-threatening] ones, that need surgery in a jiffy. I am sure things can be properly planned-out with a discussion with the Doctor [usually until the surgery is done, the patient is put on medications].

And this MAY NOT be to your liking: suggest inculcate an attitude of "taking responsibility for your actions". It's easy to blame everyone under the Sun for what essentially has been of your making.

All the Best.

Rgds,

TS
Dear Anonymous,
As per my understanding is your employer is not in a position to re-leave you from the services and you are supposed to go back to home for look after your father's health. Hence you are suggested to drop a mail and leave the organization with immediate effect, in this way your employer may recover the notice period days from your salary which I believe is not a big deal for you.
Guys I hope you may agree this suggestion.
Regards,
Janardan
@John,
In India, the employees are getting only Offer letters which contain only limited information like CTC, Designation - mostly single page. Based on the Offer letters, the prospective employees resign from the previous company and join in the new company. Mostly they look into hike in CTC before taking a decision. When they join, the detailed appointment letter containing various terms and conditions are issued. The employees are left with no other option except to sign those appointment letters and fall prey as they limited choice. The Software companies in India are notorious in hiding many vital information and the gullible employees fall prey to them. Unlike West, Indian employees are reluctant to part ways unless and until they get suitable offers elsewhere.
Pon

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