Employee Resignation - Probation Period

As per these clauses what should be done if a employee is on probation period and been over with 2 months and now wants to resign without serving full notice period by giving just 1 week notice.

(a) What is the procedure to get full and final settlement if employee agrees to serve one month notice.

(b) Should it be considered a mutual understanding or it has to be given in writing by the company.(c) Can company sue a employee based on these clauses if he does not serve full notice period.

OFFER LETTER

Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either Party by providing sixty (60) days prior written notice to the other Party, or by payment of basic salary in lieu of notice in case of termination of employment by the Company.

APPOINTMENT LETTER

Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three month's prior notice. It will be the company's discretion to decide whether you should work for full period of the notice or whether your services shall terminate at some earlier date.

Anamikadeviji,
Employee on probation doesnot require any notice period. The provisions you have quoted apply only after you confirm him into your employment where you establish some privilege by virtue of this clause to exercise your right.

Employee and company has right to terminate services without notice during probation period no matter what you wright in black& white is null and void. Your agreement clause cannot superseeds labour law and practices in India.

For more information or legal opinion contact Lawyer from Supreme or High Courts. Half knowledge is always dangerous.

Regards

Sawant

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Hi Anamika,

Why does the offer letter say its 60days and appointment letter says its 3months? which is accurate?

Also, notice period in probation differs from company to company. Your clauses do not specify if these notice periods are applicable during the probation or after the employee is confirmed.

Usually, notice period in probation is 1week. If this employee completed his probation and has been confirmed then he has to serve 2month's period as per the clauses above.

While in the notice period, leaves are not permitted if there is work to be completed. else, they can be adjusted against his notice period at the time of F&F settlement. F&F is done on the last working day of the employee, clearing all the dues that company has to pay him and/or he has to pay to the company.

Btw, please dont get into legal hassels. You cannot sue the employee for not serving notice period. Even if you manage to actually file a suit, it wudnt stand ground in the court and settlement will take hell lot of time......its just not worth it.

This Is Waste Of Time For Probation Who Has Not Servd Company For Month Or Two.
There Is No Validity Of Such Clauses Whatever You May Write Does Not Necessariy Endorse By The Laws.
Something Beyond The Perview Of Law Can Not Be Legalised.
For Example:
If We Both Enter Into An Agreement To Murder Mr. X Will It Be Legal Agreement. No We Both Will Be Jailed Under The Law.
Regards
Sawant