hi all
i have one question regarding resignation under probation period
in offer letter we have mention that you have to serve notice period for 1 month in probations period ,

one of our employee is arguing that ' there is no any rule for resignation in probation period for one month as per law, i am giving spot resignation and company has no rights for hold my salary "
is it true? or NOT

now a days company hold his salary and he is going to labour office for legal action

kindly give me a suggestion what should i have to do ?


From Nigeria, Sango
Labour Laws & Ir.
Human Resource


Dear Divyang,
Yes there is No specific law on notice period. But Employee have to follow as per Appointment letter (Duly signed). he had also accepted and signed at the time of joining.
Kindly ask him to read appointment letter carefully.
Please note that- Industrial Employment (standing orders) Act-1946 which is applicable to employee, provides for probationary period of up to three months. As for the termination and notice period, employee need to serve the notice as mentioned in the offer/appointment letter.
You are an HR and being a HR you have to strictly maintain and implement labour laws and company norms. No one can threaten you like this- If he want to go labour court he can go but finally he have to follow as he has accepted and signed in the appointment letter.

*If employer/Mgmt want to release him with immediate effect you can.

The Employee on a Probation is bound to serve the notice period as stated in his / her appointment letter.
Again the final call in such scenarios needs to taken by the HR (that is they permit the staff to resign immediately without any financials involved or make a payment in lieu of this notice period

However most organization tend to relieve the staff immediately in their probation period without serving the notice period / payment in lieu of the notice period

From India, Chennai

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