Labour Law & Hr Consultant

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Hello, Firstly, I am mentioning my company's probation and notice period policy.
"All employees on appointment in the service of the organization shall be placed on probation for a period of six months. Every employee has to serve a notice period of one month or pay one month salary in lieu, in case of resignation during the probation period."
I joined this company on 14th Jan 2019 and resigned on 2nd July which is before my 6 months probation period gets over. But now my boss is saying that I will have to serve two months notice period as I am a confirmed employee. My question is why I will serve two months notice period when I resigned before my 6 months probation period got over. Plz someone help me with this issue and guide me what should I do now. Thank you

From India, Mahabaleshwar
The poster's period of probation comes to an end approximately on 13th July,2019 only whereas he submitted his resignation, probably with immediate effect, on 2nd July'19. Therefore, no doubt, he resigned before the completion of 6 months as stipulated in the contract of employment or Notice Period Policy of the Organization pertaining to probationers. Probably the employer may be under the impression that resignation takes effect only when it is accepted by the employer and the employee has to serve the notice period for the purpose of acceptance of resignation. I am unable to accept such a far-fetched contention when the resignation is an immediate one with or without buy-out of the notice period. At the most the employer can insist on one month's notice salary or recover the same from the F&F. Even otherwise, as long as an employee is kept as a probationer without a formal orders of confirmation or extension of the period of probation, the employee would be deemed as a probationer only irrespective of the period undergone as such. Therefore, the contention of the employer is totally wrong and his demand on serving the 2 month's notice period is illegal. The poster can formally bring this to the notice of the employer forthwith, pay one month's notice salary and simply walk out.
From India, Salem
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