Started working as trainee in one of the company and in my offer letter they only mentioned 12 months probation which I have completed on April-2020 and now I have resigned from the job as I have another new offer in my hand. Now HR from the resigned company is saying that you have to serve one more year as notice period but I haven't signed on any bond stating that I'll serve two years when I have joined in the company. What should I do now?
From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Senior Hr Consultant
p-lekha-jacobsVenkat - Employers do resort to trivial steps like this and this is a sign of ineffective HR and workplace ethics. I presume that you haven't signed any fresh terms of contract with your current employer.
Practical advice: Please e-mail HR looping in your Reporting Manager/ HR Business Partner - citing the offer letter clauses that were originally agreed. State what you have agreed to - and clearly highlight at the end of the e-mail the fact that resignation is at the will of an employee and you have decided to pursue a more suitable opportunity outside of the organization and you cannot agree to an extended probation period and notice period like this. Although COVID-19 pandemic might have caused few changes in HR modalities - but notice period, probation periods are not effected by such incidents - so you have to go by what was agreed originally with the HR.
If you will - please avoid altercations, verbal spats, e-mail thrashing, etc - this is the time to stay calm, cool and mature. Be confident in putting your perspective and have utmost respect in your words while you put them in an e-mail or over a phone call maybe.
You will sail through - stay calm and initiate talks soon.
From India, Delhi
In the absence of a letter being issued to you immediately on completion of year training /probation ( 20.04.2020) as the case may be , it will be in order for you to resign now and you have not violated any of the terms of the taring /probation, unless the original offer of appointment contains a clause to be read as below:
In the absence of letter being issued either extending or terminating the one year training /probation , the Training/probation is deemed to be continued for another six moths /one year
Unless you furnish the copy of terms and conditions of the letter of appointment , we will not be able to give a clear cut reply
It is further confusing to note that you had been atken as a Trainee for one year from 20.04.2019,where is the question of Probation. Training and probation are two different/ distinct modes of appointment and both cannot traverse together
It is however advisable to send an e mail to HR Department with a copy being marked to your immediate boss explaining your position and seeking formal order of relief .
Be polite in your words and your mail should not show any sense of grudge to be perceived by the erstwhile employer
From India, Chennai