Hi,
I have been working with a MNC bank for last 10 months, but had to leave the organisation without serving notice period due to severe health issues. While working there I was not given any letter regarding confirmation after completion of probation period. I have sent my resignation on which the company has sent me a Letter asking me to pay an amount which is far more than even 3 months take home salary.
The contract says that the Notice period after completion of Probation is 3 months while when on probation it is 1 month, or payment in lieu of such notice period
The organisation has rule that people joining on and after particular date will be deemed to be confirmed. I have joined just 2 days before that date so I do not fall under this scheme.
So in such a scenario can they ask me to pay such a heavy amount.

From India, Sangli
nvraovskp
54

General Manager-HR
Dear Friend,
The terms of your appointment should be governed for your resignation also. If notice period during probation is one month and on confirmation it is 3 months, then you need to give one month notice, provided that if your services are not confirmed by your company in writing after expiry of probation period. On the other hand, if there is any provision in your appointment order with regard to automatic confirmation of services on the expiry of probation period of six month, then you are also require to give three months notice or payment in lieu of notice period.
Regards

From India, Hyderabad
Sir, Thank you for your valuable comment, and that to especially from an experienced senior of our fraternity, the company has not confirmed to me in any way let alone writing, and my appointment letter expressly mentions about issuing confirmation letter after 6 months.
Thanks for your valuable reply

From India, Sangli
JAgdis L Trivedi
28

Senior General Manager H R Unison Pharmaceuticals Pvt Ltd Ahmedabad
In any case you shoud not give 3 months notice pay it is specific mention in appoinment letter that confirmation letter will be issue completion of probation period. J L Trivedi Ahmedabad
From India, Ahmadabad
M SESHADRI
5

crisis intervention counsellor
By default, any employee who complets the probationery period is deemed to have been confirmed, unless the terms of appointment letter specifically mentions that the employee wil be confirmed in writing on completion of the probationery period. If this clause is there in your appointment letter, then the company is at prerogative to ask for 3 months salary in lieu thereof.
seshadri mahalingam

From India, New Delhi
Sir, my appointment letter expressly mentions about confirmation after completion of 6 moths, and as of date I have received no communication from company in that regards
From India, Sangli
Anonymous
Sir, my appointment letter expressly mentions about confirmation after completion of 6 moths in writing and states that untill confirmed in writing I will be on probation period, and as of date I have received no communication from company in that regards
From India, Sangli
M SESHADRI
5

crisis intervention counsellor
If this is the case for sure, ask them to take a walk. give only a months notice. m seshadri
From India, New Delhi
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