I am working in a company I have joined a month back. I have resigned on my 20th day there.
Points to note:
1. There is no probation period (hence, confirmed from day 1)
2. The notice period is 3 months
3. It has been mentioned that "it will be impermissible for you to waive the shortfall in the notice period by buying the said shortfall period in lieu thereof except with written permission".

As someone who has not worked for even a month before submitting the resignation, 3 month notice period seems like a big punishment to pay for. Is there any way out of this. Can a company really bind an employee with these kind of clauses. Please help me out here.

From India, Mumbai
Seasoned Ir Professional
Sr.manager - Hr&admin



At the time of joining by signing the contract of employment it is mutually agreed between you and your employer that you will serve 3 months notice in case of resignation. So obviously employer will insist for 3 months notice. You haven't mentioned as to why you are leaving from the current employer after serving just one month. Considering the short stint with the Company your employer may consider for early relieving as it will be of no use to compel you to serve 3 months. Please discuss with your HR on this.

In general when the employee is working for considerable time frame say 2-3 years, insisting for proper notice period as per the terms and conditions of employment makes sense.

From India, Madras

In the case of employees covered by the Industrial Disputes Act it will be the said Act, ie, ID Act, which will decide whether demanding notice period is legal or not. But in respect of other employees the clauses of appointment order shall be the deciding factors. As such, if you were appointed as an officer with functional responsibilities of a manager not simply a manager by designation, then you can stay there for three months and get relieved. The fairness of appointment order should have been questioned before you accepted the offer and joined the company. It is very common among the new gen employees to read such clauses when they get another job. That is wrong.

Yes, if you did not have any supervisory role, then you can leave without following the notice period clause in the appointment order because as per ID Act, an employer has to give notice or notice pay if he wants to terminate one employee but no where it is mentioned that an employee/ workman should service a notice period or pay notice pay if he wants to quit.

IT companies, per se, are also governed by ID Act. Techies are also workmen under the ID Act. But what makes it different or prevents them to follow the protocol is that they have a very good system whereby other IT companies can track the background of any employee as to his approach towards his manager/ employer. Therefore, think twice and decide. After all, any decision will involve an element of risk and the decision that you took a month back has come to be wrong and for that you cannot blame others.

From India, Kannur

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