3 months ago I joined this company with 6 months probation. Because of some personal issue I had to resign. Just after my resignation the head of the company wanted me to serve 1.5 month notice period. But as per the policy which I received it clearly states that "a confirmed employee may resign from his post upon serving one month notice period." When I confronted him with facts he told me that policy that they gave me was an old one. And as per the new one, it's 3 months notice period. But I can't serve more than 14 days and the relieving date I requested has already passed. Since I am on probation, can I leave the company in 14 days?
From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Rkn61
Hr Manager

rkn61
502

Please refer to your Job Offer letter / Offer of Appointment - separation clause in this regard.
Whatever the prevailing policy on separation of your company speaks, shall be applicable in your case also.
Instead of confrontation with management, please initiate a dialogue with your superiors and
politely convey your decision in an assertive manner and try to convince them.

From India, Aizawl
I have been trying to convince my superior since last week. But they are not ready to give me relieving before 1.5 months. Since for probation period in their policy has clearly mentioned that during probation company can terminate the employment on immediate basis without assigning any reason or payment. So does it also validate for employee?
From India, New Delhi
rkn61
502

@Singh-Sunny,
You have written in your post that "during probation company can terminate the employment on immediate basis without assigning any reason or payment". This does mean that if Company want to terminate your services, they can do so without assigning any reason or payment. In this, the word "employee" does not come into picture.
If it is written "During probation period, either of party (company or employee) can terminate the services with immediate effect without assigning any reason or payment", then your contention shall be correct. Unfortunately, this is not written anywhere in your letter.
So option is yours. Either you serve your NP or buy-out NP,, rather remaining period of NP,and get relieved smoothly.

From India, Aizawl
I’m ready to take buy out option but still company is not ready to relieve me. So is it possible for me to not serve complete notice period during probation. As I have already served 14 days.
From India, New Delhi
Why do you want relive letter when you have not put sufficient period of service?
You have mentioned in your post that "during probation company can terminate the employment on immediate basis without assigning any reason or payment". You tell them that there is nothing mentioned about the serving of notice for leaving services during probation period, the terms applicable to both. Therefore, you are not liable to serve notice period but as you are insisting you can pay the amount in lieu of notice. On what ground they ask you to serve1.5 month notice, when in your company the notice period is 1 month. Do not talk with them rather by communication in writing.

From India, Mumbai

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