PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Doctor Siva Global Hr
Founder And Ceo At Myhrpolicy
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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.
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,
Doctor Siva Global HR
From India, Chennai
AnonymousThanks 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
ommygautamkindly 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
Below is the clause of 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
That's all no mention of notice period in probation period clause.
From India, Mysore
Madhu.T.KSince 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
umakanthan53Generally, 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-bhattAs 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