Anonymous
Dear All,

Hope everyone is safe and vaccinated.

Am working for a well known MNC company. Joined on September 1st 2021. Due to some personal issues and career preferences i have submitted my resignation on 28th October 2021. Regarding notice period, below is the clause mentioned in the offer letter.

" Notice Period:
Upon your confirmation, this contract of employment is terminable by you by giving 90 days notice in writing to Company. It is clearly understood, agreed and made abundantly clear that you shall have to necessarily work during the period of notice of 90 days given by you under this clause. However, upon your serving the notice under this clause, Company may relieve you any time during the period of notice at its sole discretion. Upon your , this contract of employment may be terminated by Company by giving you 90 days notice or payment in lieu thereof. It is understood, agreed and made abundantly clear herein that you shall have to necessarily work during the notice period given by company under this clause, unless you are otherwise relieved by company by giving you payment in lieu of notice.Your failure to comply with this clause will entail monetary payment of damages to company as may be determined by it at its own discretion having regard to the responsibilities shouldered by you while being in the employment of company.
"
On the day i resigned am still on probation period and not a confirmed employee with the organization but the HR is saying, you need to serve 3 months. I feel that information is not given in the offer letter, the clause they mentioned is applicable for a confirmed employee.

So, please let me know if its legal if i say them that i will bound to my offer letter and serve only one month as am still not a confirmed employee. And also let me know if absconding is the right way if in case they still don't accept my request for relieving in one month.

Regards.

From India, Mysore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Drsivaglobalhr
Doctor Siva Global Hr
Brinda-bhatt
Founder And Ceo At Myhrpolicy

Use factoHR and automate your HR processes

Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.



drsivaglobalhr
289

Dear Colleague,

Your writeup does not clearly mentions whether you are a probationer and if so what is the period of Probation mentioned in your appointment order. If you are on probation what is the notice period mentioned during the Probation Period. This is not clear.

If you are on probation kindly go as per the Notice Period Clause mentioned in the order which is to be complied " during probation"

If you are appointed as a confirmed employee or without any probation clause in the order, then you need to comply with 90 days of notice period.

Aside,

1. kindly refrain from such quick jumps of job for whatever reasons. Before joining and taking up any employment think 100 times but once joined at least serve for a minimum period in that organization which will add value to your CV. Persons from outside your shoes may not cherish leaving a company within 2 months of joining which is a point of concern to be noted and to be avoided in future.
2. The clause " will entail monetary payment of damages to company as may be determined by it at its own discretion having regard to the responsibilities shouldered by you" is one sided and very much excessive in nature by the organization which is not a fair contract term. You should not accept such appointment order clause in your future employment and have a thought doubly. Here this is not a fair clause and it can be fought against but you need to be prepared for a long legal battle as you had already accepted. But any how, in future be careful in such tapping clause.

Overall our suggestion is that as you decided to leave in short span of time, kindly try for a smooth exit from the organization by fully adhering to the Terms of Appointment with regard to Notice period clause. Meet HR and get clarification why it is 90days and under what clause of appointment etc. Discuss and resolve complete the mutually accepted notice period get F&F and proper relieving letter and then leave the organization considering your future career. In future before signing appointment order have a clear understanding of each line of the order and then seek modification if not convincing to you. It may be difficult in the starting time but when you are talented and the company wants you let them do necessary changes in the terms very fairly

All the Best and God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai
Anonymous
Thanks for the response Sir !!!

Below are the answers for the questions asked by you.

1. Sir, I joined the organization on Sep 1st 2021. Am not a confirmed employee yet and there is a probation clause in the order stating i have to be as a probationer for 3 months upon joining the company, but no clause regarding notice period under probation.

2. Regarding notice period , only thing mentioned is 'upon confirmation, i have to serve 3 months notice if i resign with the organization'.

So, i feel am inline with offer letter that i accepted and i need not serve 3 months notice period.

Will be awaiting for your final comments :)

So, i feel am still doing

From India, Mysore
ommygautam
57

kindly share the clause of probation period. because in shared clause notice period is mention for after confirmation. Notice period for probation period should be mention in probation clause.
From India, Rudarpur
Anonymous
Hi Gautam,

Below is the clause of probation period:

Probation Period:

You will be on probation for 3 Months. Your confirmation will be communicated to you in
writing. Organization reserves the right to terminate your employment in case your
performance, behavior and / or conduct during the probation period is found
unsatisfactory.

That's all no mention of notice period in probation period clause.

From India, Mysore
Madhu.T.K
3732

Since there is no mention about notice period during probation you can get exit from the company immediately on putting the paper. Afterall, the service of 2 months doesn't matter and you can simply get relieved. If the employer does not exit you from the PF records, get it done by yourself visiting your member portal. No need to have further communications with the HR of the company because the HR of the said company seems to be lacking basic knowledge about Personnel practices.
From India, Kannur
umakanthan53
5883

Generally, only the exit of an employee by way of unilateral termination of the contract of employment at the instance of the employer in the case of discharge or retrenchment statutorily requires the employer to issue prior notice or to pay the salary in lieu of notice under the ID Act,1947 and certain establishment-specific labor laws like the State Shops and Establishments Acts.

To my knowledge, no law requires the employee to give notice in case of resignation. Such an obligation is normally created under the contract of employment or service regulations. Similar is the condition of probation. That's why no statutory employment benefit precludes a probationer from his entitlement.

Therefore, giving notice before resignation during probation or after confirmation is only a condition as agreed upon by the parties at the time of entering into the contract of employment. If the contract does not have a notice clause of exit on resignation during probation, the exiting employee is not bound to do it.

Moreover, as per the ratio decidendi of several case laws, a probationer continues to be a probationer till such time he is confirmed by the employer in writing unless the contract of employment/service regulations provide for deemed confirmation.

In view of the above explanation, I would not hesitate to recommend the poster to follow the clear suggestions put forth by our learned member Mr.Madhu.

From India, Salem
brinda-bhatt
1

As there is no specification of notice period and while submitting the resignation you are still on probation period. Also, probation period isn't completed that means the written confirmation of full time employee hasn't been share with you. You do not need to serve the notice period in this case. Because the employment contract is yet to be applicable to you as probation period is still going and probation policy doesn't contain any such clause which binds to you to serve notice period.
From India, Ahmedabad

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2022 CiteHRŽ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server