Leaving Without Notice During Probation: Can My IT Company Take Legal Action?

I am working for an IT company for 3 months. I am on probation for 6 months, but I want to leave the company. They promised me training on new technologies and very good quality of work, but neither have they provided any training nor good quality of work. I am working on a project that is not related to my profile. When I talked to them about this matter, they said I have to wait.

Now I can't work there, and I don't have the patience to give them a notice period of 2 months or salary in lieu, which is written in the offer letter. I don't need any relieving letter from them. So, I just want to ask if I leave the company without any notice period, can they sue me?

Yes, if written in a contract, they can sue you. Most companies don't, but legally, yes, they have the right to recover the notice period or pay in lieu as the contract between you and them says so.

But I hadn't signed any legal contract. They were just some normal pieces of paper, and there was also nothing written about suing.

Understanding Notice Periods During Probation

Most appointment letters have a separate clause for resignation during the probation period. Many companies mention that if an employee leaves during the probation period, they must serve a notice period of 15 days. A two-month notice period is typically valid for those who have been confirmed in their position.

Kindly read your appointment letter. If it states that you have to serve a two-month notice period if you resign during your probation, then you must comply; otherwise, the company has the right to deduct your notice period.

Even though it isn't a legal contract, signing the appointment or offer letter clearly reflects the mutual understanding between you and your employer. If you are not serving the notice period and do not allow the company to deduct your salary, the company reserves the right to take legal action using this document.

Regards,
Vidhu

But isn't there any employee rights? What if they are giving you work that is not within your profile? What if the working conditions are poor? What if they never pay salaries on time? What can an employee do?

Dear [Recipient],

In reference to the content of your email, I suggest sending a detailed letter requesting the waiver of the notice period. This approach allows for a more thorough explanation and extends the opportunity for them to comprehend the circumstances better.

With Regards

E-mail: rajanassociates@eth.net
Mobile: 9025792684

I don't want to leave the company. The problem is that I can't work there because of the issues I am facing. I am tired of writing emails for each of my problems, and it's irritating when they don't reply. They just say I have to wait. I have been waiting for 3 months, but nothing has happened. So, there is no option left but to leave the company.

Understanding IT Company Bench Policies

IT companies usually have a policy of selecting employees on the bench, meaning they choose employees for expected future projects or to assist with attrition-related re-employment. During this period, they may not necessarily allocate the project of your choice or one that would enhance your knowledge. Generally, they assign you work where you are expected to help the company with their side projects. Please understand that you are being monitored, and they will also test your patience during this phase.

Once there is a live project, based on your current performance, you will be selected for that project as a trainee with other senior team members. Based on this performance, they will decide your projects and growth path in the organization.

If clarity is the only problem you are facing, I think you should stick around and build a good rapport with seniors. This way, you can keep updating your knowledge about company strategies and will not feel left out or ignored. You can currently study the codes of previous projects to increase your learning.

If you have any further problems, then you can think of leaving the organization.

Understanding the Bench Policy in IT Companies

IT companies usually have a policy of selecting employees on the bench, meaning choosing employees for expected future projects or to assist with attrition-related re-employment. During this period, they may not assign you to your preferred project or a project that would enhance your knowledge. Instead, you would typically work on tasks that support the company's side projects. Please understand that you are being monitored, and they will also assess your patience level during this phase.

Once a live project becomes available, you will be selected for that project as a trainee along with other senior team members based on your current performance. Your future projects and growth path within the organization will be determined by this performance evaluation.

Building Rapport and Enhancing Skills

If lack of clarity is your sole issue, I suggest staying and building a good rapport with seniors to stay updated on company strategies. This way, you won't feel excluded or neglected. You can also study codes from previous projects to enhance your learning.

If you encounter any further problems beyond what you can handle, then consider leaving the organization.

9th July 2010
From India, Mumbai