Alok Akhauri
I am working with a Ltd Company from May 2022. I have tendered my resignation on 09 Jul 22 requesting to be relieved by 31st July 22 (in 3 weeks' time).
The company has not accepted my resignation saying the notice period is 90 days. This is also indicated in my joining letter however, it is also mentioned in my joining letter that the probation period is of 6 months duration. I have resigned after two and half months of service. It is not mentioned whether the three-month notice period clause is applicable to only permanent employees or it covers those on probation also.
My question is:-
1. Should I extend my notice period by another 1 week to cover 30 days as per the accepted practice in vogue?
2. What to do in case the employer still does not relieve me? They have clearly told me that they are in no mood to let me leave the company.
3. Will they be asking me to deposit my 2 month's salary and if so, what to do?
Please guide.

From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Vmlakshminarayanan
Sr.manager - Hr&admin
KK!HR
Management Consultancy
+1 Other

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vmlakshminarayanan
380

Hi, In normal course during Probation period extended notice will not be applicable. in any case discuss with your employer and arrive at some common date and resolve the issue amicably
From India, Madras
saswatabanerjee
2319

your appointment letter says 90 days notice period. since nothing else is mentioned, it applies to probation also.

I am not sure what difference the additional 1 week will make
You need to take to the company and figure it out

From India, Mumbai
KK!HR
1343

Your queries are answered below at seriatim:
1. There is no accepted practice regarding probation, varies from organisation to organisation, though one month's notice during probation is the most used one. Your continuance for one more week will have no impact apart from reducing your liability to that extent. So three month notice period has to be accepted as applicable in this matter.
2. If they don't relieve and you are not wanting to serve further, there will be a stalemate situation. The employer will not be paying you, they will not carry out F&F settlement, will not issue certificates, etc. Is it OK with you?
3. This is what can be expected. As advised by the learned member, probably you have no choice but to talk with your Manager/HR etc and work out a mutually satisfactory solution.

From India, Mumbai
panchsen
49

As per your terms of your prbationary appointment ( joining letter as per your version), it is incumbent on you to give three months' notice of resignation to get relieved . I suppose you nave been confirmd in your service after completing six months probation and in such case you should have been issued a letter of confirmataion. Your confirmation letter I suppose is in continuation to terms of prabatioanry offer letter unless there is any change in any of the terms,.

Therefore the emploer is in order to insist on you to give three months notice of resignation or payment in lieu thereof. In your case ,you need to pay tow months salary in lieu two months further notice ( deficient notice period)'

I am giving my views purely on assumption in the absence of your furnishing the joining letter and confirmation letter if any issued to you.

If you need clarification based on facts, please do furnish copies of your joining letter and confirmatin letter if any

P.Senthilkumar
9884009193

From India, Chennai

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