Riteshmaity
Labour Law Advocate
Raajesharya
Founder And Mentor @ Ethical Business Strategists
+1 Other

I have been working with a CMM5 company from last 2.5 months. As per my offer letter an employee is on probation on 6 months before he is confirmed. From the day of my joining my manager made me work late night and on weekends. Last 2.5 months I had no personal life, and it was a stressful period. Today on 15th Feb, 2017 i resigned and i was told by the HR that you have to serve a notice period on 30 days. I want to understand what can i do to get release as i donít want to work here anymore.
Kindly help.
15th February 2017 From India, Delhi
If there is a clause in the offer later regarding notice period/ pay, then you have to either serve the notice period or pay in lieu thereof.
15th February 2017 From India, Kolkata
In the appointment letter its mentioned that probation period will be of 6 months & also there is clause of notice period of 3months from either side. But in that notice period clause it not mentioned that whether its appicable after completition of probation or during probation also.
15th February 2017 From India, Delhi
I do not think the labor laws would allow you to pay back your employer in lieu of working during notice period while you are on probation. On the other hand the employer does have both the options. The probation period is generally a hard time to gauge an employee's temperament and ability to deal with tough manager and challenging deadlines.

I think it's not a right time to guide what you should do during such time, knowing that you already have resigned. In case your manager is not the supremo of the company, you should speak with the Human Resources and next line management about the situation. You should thrust that you still wanted to work for them, and what made you take such a harsh decision which is not beneficial, either for you or for them since they have invested in you, already.

Let's hope thing work out, if not, feel free to file a case of harassment on your manager, with prima-facie evidence since you might not be going back to them for a reference check. Am I right?

Best wishes!
15th February 2017 From India, New Delhi
Thanks RAAJESHARYA,
As per my discussion with HR, I need to serve a notice period of 3 months even if I am on probation and as per them there is no solution. As i stated i don't want to work as i am literary stressed working here. I just want to leave and get some space for my self and my family. I am also concerned if there will be any legal implication to this.
Please advice. Many thanks!
15th February 2017 From India, Delhi
If you do not serve the notice period nor pay the notice pay, the company may try to recover the notice pay through litigation. But from my experience, very few company go for litigation as it involves time and legal costs. If your salary is not very high, then one might have to spend more on litigation cost than the amount of notice pay.
16th February 2017 From India, Kolkata
Please write to HR Department informing them about the situation and alarming them that you will be filing a harassment case, following the process printed in the HR manual if the work condition is not improved. Send a copy of the letter to the Managing Director or the CEO. You would have proofs of extra hours and weekend works hours that would allow you to claim compensation from your company. Collect all the evidences and file a complaint at :: Grievance Registration Form ::
16th February 2017 From India, New Delhi
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