Navigating Employee Resignation During Probation: What Are Our Options and Rights?

Employee Resignation During Probation Period

One of our employees wants to leave the job. He has been with us for 2 months now and is in the probation period. I have the following questions to ask:

1. Under his offer letter, he is supposed to provide notice for 1 month, while in the appointment letter, it is 2 months. Which one would apply in such a situation? (The employee is arguing that since he joined the job based on the terms and considerations mentioned in the offer letter, he would serve the notice for 1 month.)

2. In his offer letter, a clause is mentioned whereby "he commits to work with us for a period of 2 years," but the same is not there in his appointment letter. Since no training was given to him, he says that he cannot be bound to stay back. Does this bond period have any validity? (It is stated in his offer letter that if he leaves the company before the stipulated period, the monthly deductions from his salary would not be given to him. He agrees to this and says he does not want this amount.)

3. He is stating that he has got admission to some prestigious college and cannot continue working with us, but he is not presenting any admission slips. Can we force him to present his admission slips?

4. The company doesn't want to relieve him. What can we do in such a case?

Thanks in advance.

Please find below my views.

Notice Period Discrepancy

1. Under his offer letter, he is supposed to provide notice for 1 month, while in the appointment letter, it is 2 months. Which one would apply in such a situation? The employee is arguing that since he joined the job based on the terms and considerations mentioned in the offer letter, he would serve the notice for 1 month. How do your appointment letter and offer letter contradict? Also, let the forum know whether the appointment letter, where the clause of notice period/termination clause was signed by the employee as acceptance of the employment terms and conditions.

Bond Period Validity

2. In his offer letter, a clause is mentioned where "he commits to work with us for a period of 2 years," but the same is not there in his appointment letter. Since no training was given to him, he says that he cannot be bound to stay back. Does this bond period have any validity? It is given in his offer letter that if he leaves the company before the stipulated period, the monthly deductions from his salary would not be given to him. He agrees to this and says he does not want this amount. Since the employee is agreeing to pay the penalty, the employer cannot do much as the bond is not legal in India, and no training was imparted to the candidate.

Admission to College

3. He is stating that he has got admission to some prestigious college and cannot continue working with us, but he is not presenting any admission slips. Can we force him to present his admission slips? He is not legally bound to show you the admission slip as per your demand. It is his will to resign, and the employer cannot force him to stay back.

Company's Reluctance to Relieve

4. The company doesn't want to relieve him. What can we do in such a case? The company is legally bound to relieve him after completing the exit formalities, as the employer cannot force any employee to stay back, or else has to face consequences if the employee approaches any legal suit.

Attribution: https://www.citehr.com/469274-employ...#ixzz2csOYd64v

This is an issue that raises its head time and time again. The key word here is probation. Your employee is in the probation period.

Definition of a Probation Period

The probationary period helps the employee determine if he or she will remain in the company based on the daily work schedule, expected duties, and skill set that the position requires. Likewise, it helps the employer to assess and evaluate the employee to determine if the employer wishes to retain the employee. In other words, the probation period is a trial for BOTH parties.

If the employee has decided that he or she does not wish to continue employment, then let go. Notice periods, etc., have no relevance as the employee has not "passed" the probation. Therefore, terms and conditions such as "...commits to work for 2 years..." do not apply. And you cannot force him to supply you with admission slips.

You should view this as no different than if YOU wanted to terminate the employment within the probationary period. Now, as the company does not want to relieve him because, I assume he is valued, then why don't you offer him a compromise? Such as the possibility of time off (unpaid, of course) for further study or part-time work and part-time study. Win-win for both? This will enhance your image, you will be seen as a caring employer, it will improve morale, and in the end, you will get a better and more committed employee.

I hope the above helps and gives you some food for thought.

Regards,
Harsh

Thank you for your time and response. In the past, many employees have left this job after working for 2-3 months. Consequently, it becomes challenging for the organization to recruit new employees frequently. Therefore, we wish to retain him, but we are unable to add any benefits to his current position.

Notice Period Discrepancy

Mr. Harsh Shukla, the employee, has signed both the offer letter and the acceptance letter. However, there is a discrepancy in the notice period stated in each document. The offer letter specifies a one-month notice period, while the acceptance letter mentions a two-month notice period. The bond period is only detailed in the offer letter.

Regards,

Probation Period and Employee Termination

When entering into service, any person will be appointed on probation. During the probation period, a person can be terminated from service without notice. Similarly, the employee can also leave with a simple intimation.

Moreover, if anyone leaves the service, we cannot force them to come back and work. People leave for better opportunities or due to dissatisfaction. We cannot compel anyone; it is better to let them leave peacefully.

Regards,
D. Gurumurthy
HR & IR Consultant
Hyderabad.

Thanks for your kind time and reply. In the past, many employees have left this job after working for 2-3 months. Therefore, it becomes very difficult for the organization to look for new employees every time. We wish to retain him but cannot add any benefits to his present job. Mr. Harsh Shukla, the employee, has signed both the offer letter and acceptance letter. However, the notice period varies in both. It is one month as per the offer letter and two months in the acceptance letter. The bond period is mentioned only in the offer letter.

Investigating Employee Turnover

Why can't you investigate why employees leave your organization within 2-3 months, take corrective measures, and create a better environment so that employees stay with your company for the long term?

This is in addition to what previous members have said. Hitherto, the replies are about the legal angle and validity of his exit. My reply is more from an HR point of view.

Discrepancies in Offer and Appointment Letters

You have given four paragraphs. In each of the first two paragraphs, one observes a discrepancy between "Offer Letter" and "Appointment Letter." Why is there a discrepancy? Who signed these letters? Why did the one who issued the Appointment Letter not cross-check the terms mentioned in the Offer Letter? What action will you take against the person who issued the Appointment Letter without checking for discrepancies?

Notice Period Mentioned in Offer Letter

This is the first time I am observing that the company is talking about the "Notice Period" in the Offer Letter itself. Why was it done, and why was the need felt to intimate the employee-prospect about how he/she should separate right at offering him/her the job?

The same problem is there in paragraph 2 also. Discrepancy in terms mentioned in the offer letter and appointment letter.

HR Synchronization and Legal Considerations

Now from my point of view or even a legal point of view as well, the "benefit of doubt" is always given to the subordinate employee. Secondly, HR needs to put the house in order first. If the "Offer Letter" and "Appointment Letter" are issued through the HR Department, then it is a classic case of the left hand not knowing what the right hand is doing. It is high time to bring synchronization in these movements to avoid hassles of this kind.

Thanks,

Dinesh V Divekar

Addressing Offer and Appointment Letter Discrepancies

Your situation has two issues.

1) It's really surprising that the Offer Letter and the Appointment Letter have different conditions/clauses regarding the Notice Period and Bond. What if this situation arose for an employee who has cleared the Probation? You would have a far more serious situation. I suggest getting this corrected ASAP—maybe it's better to review the complete letters to check if there are any other variations.

Understanding Employee Turnover

2) Before thinking of ways to handle the specific case of this individual, let's look at the larger picture. You mentioned, "In the past, many employees have left this job after working for 2-3 months...". Obviously, there's something wrong within—like Saji mentioned. Rather than focusing on the 'why' and 'how' this guy can leave the way he is doing, I suggest talking to him with full transparency and getting his side of the story on why he wants to leave. You can be sure he will hesitate to open up. But I think it's in your interest to get to know the actual reasons—so you need to figure out how to cajole him. If you can't convince him to continue, at least you will know the reasons/issues where you need to focus so that the next guy will stick to the job.

Regarding the issue of the 'right' or 'wrong' of his leaving the way he is doing, the other members have already given appropriate suggestions/inputs.

All the Best.

Regards,
TS

Others have given you some expert advice, and Dinesh Divekar has asked pertinent questions, to which I will add a few more. First, a comment: had you searched CiteHR about offer letters/appointment letters, you would have found some excellent discussions at https://www.citehr.com/253741-offer-...documents.html and about the notice period at https://www.citehr.com/414047-no-men...ice-offer.html.

Suppose the company did not find the candidate suitable or found a better candidate while the employee was still under probation. Which of the letters would take precedence, and why? If the employee wanted to continue working with the firm, would you keep him on? If not, why not? Do you not think that during the probation period, the employee can quit anytime for whatever reason?

Please also see How Do Offer Letters Differ from Employee Contracts? | Labor & Employment > Human Resources & Personnel Management from AllBusiness.com so that you can change the system at the place you work without getting into such a "messy" situation in the future.

The experts above have spoken on all aspects very clearly, and there's really not much more to add. However, I personally found it rather distressing that your company (and you) are trying to find means to bind this employee in a position that is obviously flawed. It is really very plain to see that your company and your HR team need to get their act together both on account of creating a position of worth to an employee and creating documents that are not contradictory. The fact that in the face of all of the history you are still trying to "bind" the employee tells me that your company does not give a fair opportunity to people in this position and that hints at very unethical business/HR practices. Surely, 2 months is all that takes your new joinees to realize they have made a mistake in joining you. In reality, you can't do much but to introspect and set your house in order.

It would indeed do you good to focus on the real problems and let people leave when they want to. If you hold him back against your will, you will not get any productivity anyway.

Regards,

Convincing the management is your job, I guess. Most managements listen only to the sound of legal language or the fear of adverse publicity. What if this employee goes to court? Are they ready for it? And in these days of media glare on every little happening, bringing their attention to such a fiasco shouldn't take a lot of effort for the employee, I guess.

All the best.

Regards,
TS

I do agree with Mr. Gurumurthy. An employee may leave the organization with immediate effect during probation without notice, and you can't claim any notice pay from him/her for the same act. An employee is not bound to show you an admission slip or any other document with respect to leaving the existing job during probation.

As per my opinion, let him go and don't compel him for any support, notice pay, or monetary claim, etc.

Regards,
D. Gurumurthy
HR & IR Consultant
Hyderabad