Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hi Folks, I have resigned from my employer after completing 3 months and a week. My employer has asked me to serve full 3 months of notice period. However, as per my understanding the notice period should be only 14 days as is applicable during probation.
Below is the probation clause in my offer letter. I have not received any confirmation regarding the confirmation of my probation.
"You will be on probation for a period of 3 months from the date of joining. The period of probation is subject to extension at the discretion of the management of the Company, by another period of 3 months. Confirmation will not be construed to have taken place unless you are informed in writing by the Company to that effect.
During the period of probation, your services may be terminated by the Company by giving notice of 14 days without assigning any reason thereof. Similarly, during the period of probation, you may terminate the contract by giving 14 days’ notice to the Company.
However, the formalities of submitting proper letter of resignation and obtaining no-dues certificate from all concerned shall have to be complied with."

Yes, you are correct as per notice clause.
In your Offer of Appointment, company has very clearly mentioned that "Confirmation will not be construed to have taken place unless you are informed in writing by the Company to that effect".
As you have not received any letter regarding confirmation of services, it could be construed that your probation period is extended by the company, and hence, NP during probation period, that is 14 days, applies in your case.

Thanks Sir Umakanthan and Sir Radhakrishnan for your valuable feedback. I have tried to resolve the matter amicably, however the employer is adamant upon recovering the financial losses (like acquisition cost, opportunity cost) from me and is not responding over email to my requests of correcting the notice period. Moreover, my payroll for January has been put on hold and the employer is threatening to go to court if I don't serve full 3 months of NP.
Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™