Hi
I was on probation period for 3 months but after completion of 4 months also no feedback came from management, when i called for it then i was informed that performance is not upto the mark and they gave me one more chance to perform .
So i resigned with immediate effect since my appointment letter and offer letter do not contain any notice period clause nor do any clause showing autonomous conformation after probation period.
During the course of my probation they made me send a mail to all employees that notice period has been changed from 1 month to 3 months being an Internal HR we made everyone sign the letter including myself.
However they are now asking me to serve 3 months notice period or else they will take legal action.
Is this legally valid .
From India, Mumbai
I was on probation period for 3 months but after completion of 4 months also no feedback came from management, when i called for it then i was informed that performance is not upto the mark and they gave me one more chance to perform .
So i resigned with immediate effect since my appointment letter and offer letter do not contain any notice period clause nor do any clause showing autonomous conformation after probation period.
During the course of my probation they made me send a mail to all employees that notice period has been changed from 1 month to 3 months being an Internal HR we made everyone sign the letter including myself.
However they are now asking me to serve 3 months notice period or else they will take legal action.
Is this legally valid .
From India, Mumbai
Sathiyaseelan 
2Organizational Development, Self Managed Teams, Competency Mapping, Balanced Score Card, Surveys
If a probation extention / termination letter is not given to an employee before completion of probation, he is considered become permanent as per law. 2Also, if the offer letter does not mention the notice period you dont hace to serve them, as it is the legal document signed between the employee and the employer.
Regards
Sathiya
From India, Madras
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.
Add the url of this thread if you want to cite this discussion.
#Subject List: terminating an employee City-India-Mumbai notice period appointment letter offer letter termination policy termination of employment completion letter termination letter legal action probation period Country-India
Legal Clarification on Severance Dues & Probation Period.PDF
Confirmation Format (Probation).xls
