Hello,
Am I right in understanding that an employee with just 2 or 3 months service is obliged to serve 45 days notice if he wishes to leave? Normally employees while on probation are not forced to give any notice of separation but if in the case on hand the contract of employment provides such a stipulation, then the concerned employee is bound to serve the notice period, if he has accepted the contract of employment with all terms & conditions of employment.
I am afraid that the company has no recourse to enter into any litigation except under civil law for breach of contract which by itself is painfully known to be time consuming and costly. Normally I would not advice employers to apply resources for such a case.
Suggest you accept reality and let him go. But do please consider if you need to rethink your approach of asking for 45 days notice as bondage even while on probation. The general practice is to ease separation of an employee on probation as neither party has invested substantial resources. It is more advisable to device ways to RETAIN an employee who you had found suitable for your organization.
That's all I would say at this stage. If you need to raise more questions or to share more information that might justify a different view, I would be glad to assist!
Regards
samvedan
April 30, 2015
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