Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Spl Educators Posh Programs & Hr D &
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg

Hi all, I have resigned from my job when I was on probation as the job was not satisfactory. My resignation showed that I have to serve 30 days notice.
While my manager confirmed my employment with organisation the day after resignation and he is arguing that I have to serve 90 days notice and keeps on saying system is wrong.
And as per my offer confirmation will be done in written mail which I got day after my resignation. Could you please suggest how to proceed in this case.
Thank you for your support.
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Have you completed the probation period or before completion submitted the resignation?
Have you quit already, I mean left the co. or still attending?
Have you received the confirmation letter (a hard copy), duly acknowledged? Why haven't you sent a return mail refusing to accept it. What were the dates?
Did anybody in this co.acknowledge your resignation letter, if yes on what date? Did your Manager see your papers, was it routed thru' him or not.
You resigned after receiving better offer and can you afford to switch over?
I have resigned before completion of probation that is on 12/02 .i am still attending the company as I have complete my 1month notice.my manager got a mail siting my resignation. He instead of acknowledging/approving the same confirmed my employment with out informing me and is saying I have to serve 90 days.i have got my confirmation mail on 14/02 where as my probation end date is 22/02.
An Essential Element in Employment-On-Probation is that either the Probationer Can Quit during Probationarery Period and certainly Before Confirmation is effected OR the the Employer Can Terminate the Probationary Period without giving any Notice Period.
It is expedient to incorporate the aforesaid "Clause" in the Service Rules or the Certified Standing Orders applicable to the Establishment and also in the Offer/Employment Letters
Kritarth Team,
18 Feb 2019
It appears, you neither declined nor acknowledged the 'confirmation' mail and continued in the routine duty. Which means, they are taking that your silence is acknowledged. You should have promptly declined and instead, should have sent a mail that you are serving the 30 days NP which would conclude by...date. I think there's a miss. What are the further communication exchanged thereafter?
There is no option to decline the confirmation. Post that my manager simply called up and started saying I have to serve 90 days.
I had called he helpdesk to discuss the same they are saying manager is the sole decision maker in this case as I donít have work depency he can waive off if both first and second line manager are not willing to do that then he will come in to picture.
Whenever complicated questions of facts arise for consideration in a given situation, clarity of description with complete details in chronological order is quite essential. Unfortunately, the poster has not mentioned initially the length of his probation period and his actual date of joining as a probationer as well as what was exactly stated in his contract of employment about the notice of resignation during probation and after confirmation as well.
If his effective date of resignation and the said 30 days of notice fall together within the ultimate date of completion of his probation, what the manager did was a sheer breach of the contract of employment with an ulterior motive of compelling the employee to serve a notice period of 90 days. It will not stand any legal scrutiny because the question of confirmation of an employee would normally arise only after the completion of the period of probation by him.
If the above presumption is correct, the poster can simply walk off provided he has got the courage, time , wherewithal and prospects of alternative job
I have joined organisation on 22/02/18 my probation was 1year long. It was clearly written in the offer that any time during probation employee or employer can terminate the contract in 30 days. If you are a permanent at the time of resignation you are abided to serve 90 days.
I wish to endorse the views of Mr.Umakanthan. If it fits you, it's better to walk off quoting your resignation and completion of 30 days mandatory NP. Confirmation after submitting your resignation can't hold water as it's obviously with a motive to harm you. Weigh the options and take a decision.
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