Hello there,
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
1Started 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
Venkat - 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
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
Hello Venkat,
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
Panchsen
P.Senthilkumar
9884009193
From India, Chennai
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
Panchsen
P.Senthilkumar
9884009193
From India, Chennai
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