Aniket Pathak
Sr. Executive Hr

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As per the joining letter I received, a clause is mentioned saying NOTICE PERIOD of 2 months is applicable post receiving probation confirmation letter & any waiver or reduction of it shall be at the sole discretion of the manager in charge. I have completed my probation by end of March 2017, but the confirmation of it was done in HR portal on 08 Aug 2018 (10 days after I resigned on portal) which clearly looks like it is done to make me stay for 2 months.
While applying the resignation of our HR portal, I've selected the option of LAST WORKING DAY as 24 Aug for which my manager, dept head approved. But HR is arguing saying that it is just resignation acceptance, not last working day acceptance.
And my manager who is okay with me leaving in 1 month is not putting anything on email about it. He is just saying that if HR accepts, he will. But there is no policy or clause stating that it is HR's decision. And I've clearly given the knowledge transfer to my replacement, shared all the required work docs and basically doing nothing. So making me sit idle for 2 months is a loss of my time & waste of company's money. Moreover I can't join any other company till it is completed.
But HR is not ready to listen or follow any of the clauses above from joining letter. She is not even ready to release me with buyout. Now I'm completely clueless on how to proceed with this.
Any suggestions will be helpful.
Thanks a lot in advance :)

From India, New Delhi
Dear Anno,
As you are saying that your confirmation was due at the end of march. Then did you received any perks or benefits given to confirmed employee.
In the portal when you applied for resignation was it showing your status as probationer , do you have print of that.
Did they confirmed you in writing and did you accept the letter of confirmation.
Last and important, Are you a confirmed employee or not?
First answer this questions then i would be able to tell you what you can do.

From India, Pune
Hi Aniket,
Thanks for helping out.
There is nowhere mentioned anything about extra perks for an employee on probation & confirmed employee.
In the portal, my probation application was showing as pending when I resigned. There is no option to take a print out of that, but I have screenshot in which the confirmation date is mentioned as 8 August (i.e 9 days after I resigned).
So, as per the system now, I am confirmed employee. But as per the date I have resgined, I was still on probation. The HR team intentionally confirmed it after my resignation to make me serve 2 months. It was actually supposed to be done around 1.4 years back.

From India, New Delhi
That's it then , If you are a probationer at the time you put the resignation then you have to serve the notice period of probationary employee (If any). Please communicate the same to your HR keep your Director / CEO in CC. If they still don't get it tell them you shall go legal if they don't relieve you properly. If you are not working in a managerial or supervisory capacity you can seek help from labour office also.
Please take up the matter to your higher authorities very submissively before talking legal.
All the Best

From India, Pune
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