Anonymous
I am forced to serve 3 months notice on probation period

IT Company is forcing me to serve 3 Months notice period from the date of resignation. Please help!

Summary :

Probation Period: 6 Months

Joining Date: 2nd Sept 2020

Resignation Date: 24th Dec 2020

Contract Details :

Statement 1 :

As a full-time employee, you will be entitled to regular company benefits that include a provident fund, paid annual leave, and medical coverage. As a new employee, you will be on probation for a period of 6 months following your date of joining in order to ensure that both you and <<hidden name>> Pvt. Ltd are happy with a permanent commitment. Your fit in respect of roles, responsibilities, and accountabilities will be done after completion of the probation period. During the probation period, in case of unsatisfactory performance, <<hidden name>> Pvt. Ltd retains the right to terminate employment with one month’s notice or payment of salary in lieu thereof.

Statement 2 :

Your employment with <<hidden name>> Pvt. Ltd. Can be terminated by either party giving notice to the other party three months in advance or three months’ gross salary as payment in lieu of the notice. For less than three months’ notice period, <<hidden name>> Pvt. Ltd reserve the right to withhold payment equivalent to the duration of the notice period not fulfilled by the employee.

<<hidden name>> Pvt. Ltd may at any point terminate this contract of employment without the need for any period of notice in any of the following events.

1. You are found guilty of committing a breach of any of the conditions of the employment or rules and regulations of the organization.

2. You are convicted of a criminal offense by a competent court of law/ Authority.

3. If you misbehave, disobey, or refuse to carry out the work orders of your superior management or are irregular in attendance.

4. You commit any other act of dishonesty, or any act of impropriety which in<<hidden name>> Pvt. Ltd opinion is likely to bring <<hidden name>> Pvt. Ltd or any other related company in ridicule or disrespect of the public or any person, or otherwise damaging the reputation of <<hidden name>> Pvt. Ltd or any other related company.

5. You are absent without express approval and advance notice for a period of more than 1 week (5 working days). In such a case you will be considered to have resigned without notice and <<hidden name>> Pvt. Ltd reserves the right to take appropriate action against you including, but not limited to, legal remedy and/or withholding of salary and other dues.

You will abide by the rules and regulations of the company which are in force for the limit being and/ or which may be framed from time to time. Any dispute arising out of his employment shall be referred to the legal jurisdiction of Pune courts only.

Please help!

From India

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Having unconditionally accepted the terms of offer of appointment, one is bound by it and cannot turn back on whatever term is unacceptable. The organisation has spend considerable time, energy and work hours to recruit you and it would again require such efforts in six months to find your substitute and train him to the desired level. Though three months' notice period during probation period is very much on the higher side, but looking to the nature of software industry it cannot be termed unjustified. You may approach the higher officials and seek suitable reduction in notice period on genuine grounds.
From India, Mumbai
Statement 2 states that either party may terminate the contract giving three months notice or three months gross salary you may write to your company quoting this. In your letter in case of unsatisfactory performance your service may be terminated during probation by giving one month salary this is unilateral and unfair.

You write to the company asking for early releiving and offering three months salary

From India, Chennai

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