Resigned on Probation: Can My Employer Withhold My December Salary?

I am facing a very serious problem. I was working with one of the stock image companies. I was on probation for 6 months, but due to a serious issue, I had to resign within 3 months. I went on leave from 29th December 2012 until 2nd January 2012, but later I could not go. I kept my company informed through email. On 4th January 2012, I emailed my resignation, to which they did not reply for a long time. Then, on 14th January 2012, I emailed my resignation again, and they replied that they would not give me my salary for December as I did not serve the notice period. However, they did not mention the rules and policies of the company in my appointment letter, but there was a clause stating that I would be governed by the company policies. Even when I emailed them my resignation, they never informed me about the notice period to be served. Since I was on probation, I don't think I was required to serve any notice period. Please reply soon.

Thank you.

I may say that even though the appointment letter did not contain any rules and policies, it contained a clause that you are bound by the company's policies. Therefore, the clause is binding on you. If the company's policy contains a clause that an employee who resigns during probation has to give notice of resignation, then you are bound to give such notice. If the company's policy does not insist on such notice during probation, you need not issue a notice of resignation. From the reply of the company to you on your resignation, it appears that the company has such a stipulation in its policy. Please get it ascertained.

Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
Tel: [Phone Number Removed For Privacy Reasons] / Mob: [Phone Number Removed For Privacy Reasons]

As I mentioned, they never informed me about any notice period to be served. Even when I gave my resignation, I asked them if I needed to hand over some work; however, they never replied about the notice period. Now, when I learned about the policy, I accepted to serve the notice period, but they say that they have accepted my resignation. I never refused any policy, but they never informed me. Despite asking for rules, they never provided me with rules and policies. I also want to know if it is right to deduct the full salary of the month even though I was not a confirmed employee. They even replied after 10 days of my resignation.

Though they insisted on a notice period initially upon receiving your resignation, they have accepted it now when you are prepared to give them the notice period. It means they have waived the notice period on their own. Therefore, they can pay the wages back to you. You can thus politely write a letter to them thanking them at the outset for accepting your resignation and waiving the notice period and requesting the refund of your salary for December without indulging in any blame game that they did not inform you about the rules and policies. In situations like yours where the financial or career stakes are not high, discretion and tact are the right approach rather than taking recourse to legal remedies.

Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
[Phone Number Removed For Privacy Reasons]

I have been very polite and gentle from the very first day of my resignation. I have thanked them and asked them when I can collect my dues. Instead of replying respectfully, they say it's unfortunate that I didn't read their rules and policies manual, though there was no such manual available. I think a 1-month notice period was not required as I was not a confirmed employee. I am left with no other option but to take legal action and send them a legal notice.

As far as I think, they are in no mood to pay me my salary. But don't you think it's the company's responsibility to get the rules and policies signed by an employee, as I never even signed any policy?

Of course, you have the option to seek a remedy to your problem through the legal system, but it is expensive, time-consuming, and worrisome. It is always better to approach them and discuss the matter one-on-one to seek redressal and also to look forward to a new job, which I hope you are also doing. Please remember, if you haven't asked for a copy of the rules/policy on record, things are not going to be so easy.

Wishing you luck.

Regards,
S.K. Johri

When matters reach courts, the facts become disputable, and therefore, the strength of your case depends upon the quality of evidence you have to support it. Therefore, try to settle the matter within the four walls of your organization. You can now write a letter sounding more formal, intimating them that you sent your resignation letter on [insert date], and when you were prepared to comply with the notice period, your resignation was accepted, and thus the company, on its own volition, waived the notice period. Therefore, it cannot at the same time withhold the salary for the month of [insert month] in violation of the company's policy. Further inform them that you have worked for the month of December and thus earned your salary. Therefore, the salary is due to you under the laws of the land, and request them to pay it accordingly without any further delay. You can take future course of action after seeing their response to this.

Regards,
B. Saikumar
HR & Labor Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
[Phone Number Removed For Privacy Reasons]

I think the response of the company was on expected lines. An employee has taken leave, resigned by mail, and not bothered to come back to do the handover. She has not even bothered to speak to the company at the time of resignation. It is natural that the company will treat such employees with contempt and distrust.

Notice Period Policy

Every company follows a policy of at least a 1-month notice period. If probation is without notice, it will be clearly stated. Fifteen days after leaving and upon realizing that you are not getting paid, suddenly having a change of heart and offering to do notice? Do you expect the company to trust you to do proper work during your so-called notice period? They probably have appointed someone else. What will they do with you? And how will they trust you? There is very little chance you will get your December salary.

Legal Proceedings

In the case of legal proceedings, the company will simply show your refusal to serve the notice period, and your case will likely be thrown out, possibly with costs.

Dear Saswata Banerjee, I request you to read my situation carefully and then reply. I was continuously in touch with the company. I even asked the company to inform me if I needed to hand over any work to them, but they never replied. I also asked them to let me know if they had time so I could come and meet them. They were not picking up my calls, so how could I talk with them?

Understanding the Probation Period

On the contrary, the probation period itself means that the company can terminate the employee at any point if they think the employee is not worth it. Similarly, if the employee is not feeling comfortable, he/she can also leave. I never said no to the notice period; in fact, I asked them if I needed to hand over some work. I was never informed about any company policy, even though I asked for it several times. It's HR's responsibility to make sure the employees are aware of the policies.

Commitment to Serve Notice Period

From the very first day of my resignation, I was keen to serve the notice period. It wasn't because of the salary; it was not a change of heart at any point. I even served my clients the way I should when I was working there, even after my resignation.

Regards,

Hi, I am facing a very serious problem. I was working with one of the stock image companies. I was on probation for 6 months, but due to some serious issues, I had to resign within 3 months. I went on leave from 29th December 2012 until 2nd January 2012, but later, I could not go. I was keeping my company informed through email. Later, on 4th January 2012, I emailed my resignation, to which they did not reply for a long time. Then again, I emailed my resignation on 14th January 2012, to which they replied that they would not give my salary for December as I did not serve the notice period. On the contrary, they did not mention the rules and policies of the company in my appointment letter, but there was a clause stating that I would be governed by the company policies. Even when I emailed them my resignation, they never informed me about the notice period to be served. As I was on probation, I don't think I was required to serve any notice period. Please reply soon.

Thank you.

Regards,
Manish Rai

Definitely, you are right. During your probation, there is no requirement to serve the notice period from both parties, i.e., employee and employer. One more thing you mentioned, that the same was not mentioned in your appointment letter, is an important factor to convey to the management.

Thank you.

Regards,
Manish Rai

Notice Period During Probation

It is not a rule that a notice period is not required during probation. It depends on the policy of the company. If you wanted to serve a notice period, you would have called HR before submitting your resignation, explaining your situation and asking them about the resignation procedure and the required notice period. Instead, you sent a resignation letter at the end of the leave period. I have seen many cases like this. I do not believe that you did it with the right intention. And believe me, your former company's HR team thinks the same way. It's a question of how you handle things that determines the company's reaction.

In the normal course, the HR department would have informed you of the required notice period or allowed you to leave after deducting notice pay. All you had to do was address it personally or at least speak to the concerned manager over the phone.

We recently had a similar case. The individual was on unapproved leave, did not return on time, and even after an extension, only showed up for one day expecting to collect their salary and disappear the next day.

Dear Priya, Usually, there is some period of notice that needs to be served even during the probation period. This may be shorter than for confirmed employees. As an employee, you are governed by the current policies of the company, regardless of whether you have access to the policies or not. I suggest the best course of action is to have a conversation with your HR and seniors to resolve the matter amicably. I would discourage you from taking the legal route, as it could be costly and time-consuming. The outcome could go either way. Instead, focus your time and energy on searching for a better job. Your efforts will be rewarded. All the best.

@ Manish Rai: It is not a mandatory rule that there is no notice period during probation. Most companies will have a minimal notice period during probation as well. The company has mentioned in the appointment letter that the employee is governed by the rules of the company. The employee cannot argue that it was not mentioned in the letter.

Ms. Priya,

As the usual HR policy maintains, during the probation period, neither party needs to give notice, and the contract of appointment can be terminated without giving any notice. I strongly feel that notice need not be given when leaving the employment services. However, as a responsible employee, it is your duty to submit your resignation and get it approved by your employer to maintain cordial and harmonious relations. If your employer insists on the notice period, ask them to show you their policy. It is a universal rule that the terms of appointment should be mutually agreed upon and accepted by both the employer and employee.

Joga Rao