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Anonymous
One of my friend has worked in an organization for 5 months 25 days and the probationary period in that company is 6 months

Following are the ammendments that organization has in appointment letter.
a) they can terminate the employee if the services are not satisfactory during the probation period
b) if the employee has put down his resignation in probation or in Permanent employment, he/she has to serve 3 months notice or pay the equivalent amount.

Here is my question, my friend has dropped the papers in probation and organization has relieved him within 7 days of time, since he is not not been given an opportunity to serve the notice period, we would like to ask for the 3 months salary from them,

Please let me know if i am correct.
7th September 2017 From India, Chennai

Umakanthan53
Labour Law & Hr Consultant
Aniket Pathak
Sr. Officer Hr

Dear Suja,
First it is not mentioned in your post whether the resignation was to be effective from a future date including the notice period as per your friends resignation letter.
Second, it is also not known whether the management formally waived the notice period before actually relieving him after accepting his resignation.
Anyway, when an employee submits his resignation effective from a future date which includes the entire period of notice, he impliedly expresses his willingness to serve the notice period. But accepting his resignation, if the employer relieves him forth with either with or without a formal waiver of notice period, it amounts to a counter offer which would certainly require the employee's acceptance.
Therefore, certainly, the employee has an irrefutable stake for notice period salary from the employer.
8th September 2017 From India, Salem
Anonymous 
Hi Sir,

I am glad that you have responded to my query.

He has put down his papers on Aug 3rd and suppose to get relieved on Nov 3rd 2017. After a discussion with his reporting manager about the resignation on Aug 11th 2017 , that organization has immediately sent an email saying that he is been relieved from the duties. when he has checked with the HR manager, he stated that since you have not completed the Probationary period it is not mandate for the organization to pay you.

However i have gone through the appointment letter and below are the two amendments which details about Resignation and Termination. here the employee has resigned himself.

1) You will be on probationary period for the first 6 months from the date of joining the company, if your service is not found satisfactory, during the probation period,the company reserves the right to extend the notice period or terminate without any notice.

2)In the event that you decide to leave the company(during probation or after probation) you will be required to give 3 months notice of resignation to the company or pay to the company in 3 months salary.

Thanks
SYED
8th September 2017 From India, Chennai
Sorry Sujad,
From the clauses you mention in your reply it is clear that employer has no liability to pay anything.
8th September 2017 From India, Pune
Anonymous 
Anket,

One question,when employee wanted to resign he is intended to serve the notice period, but when company wanted to terminate/relieve with/without any reason during the probationary period, they have all the rights. where is the employee Integrity here.

I understand that he has signed up the appointment letter but i am still not convinced about the employee Integrity part here, it looks like employer has made amendments as per his wish due to which the employee Integrity is on toss.
9th September 2017 From India, Chennai
It may seem unfair.
But,
1. Company didnt terminate your friend. He himself resigned. Now your friend may be ready to serve the notice period but company dont want him too and relieved him early. Its a favour that company did.
2. Can't you see the clause is for candidate and not for company. Your friend signed it that's it.
My answer is still the same. I dont understand why company will spend the time in training the staff who is new and about to go in three months.also pay him.god bless such company.
I request seniors to put some light on topic.
9th September 2017 From India, Pune
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