In my appointment letter it is written that my notice period will be 90 days from the date of joining . You will be on notice period for six months post which you shall be appointed as permanent employee based on my performance . Also as per our mutual understanding you have to complete a 2 year of tenure from your date of joining. As i have signed MOU with company now in my probation period i have resigned from my job and they are saying you cannot resign or will be applicable to unilateral damages as compensation to company which is too high amount .
What will be my notice period while in probation in such case?
Can the company take any legal action against me for unilateral damages?

From India, Mumbai

Attached Files (Download Requires Membership)
File Type: pdf Appointment Letter.pdf (492.4 KB, 12 views)

Labour Laws & Ir
Management Consultancy

Can anyone pls help me with my query. Also hv attached my appointment letter
From India, Mumbai

It depends on the discretion of company because employer can take legal action against an employee for not serving the notice period in India for unlawful resignation or the leak of sensitive information.
Employer can sent a letter informing that you will have to provide with a notice period before leaving the job. So, employer have a right to take legal action against you for the same. But you could contact the company and inform your situation, they might not take any legal action against you if your problem is genuine and if required you can show the supporting docs.
Your employment tenure is too short so nothing to worry you can convince!


You have completed only 4 months' service and you have decided to say goodbye to the company. Unable to understand the logic of taking hasty decisions regarding the career and later repenting at leisure.
You had agreed to the service condition that you will serve them for two years. You are bound by it. Accordingly, you are liable to pay compensation for the remaining service of 20 months. The notice period payment will get subsumed under the remaining period.
The compensation for breach of contract, unless it is decided in advance, has to be reasonable, meaning it has to be based on some facts like the training expenses (if you have been given any specific training), the direct expenses incurred on you like salary, (likely to be around Rs. 1 lakh), etc., and the employer cannot demand anything extravagant. You can dispute any amount proposed by them and enter into a correspondence duel with them.

From India, Mumbai

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