Can I Resign Quickly During Probation by Paying in Lieu of Notice?

I have recently joined a good company. However, after joining, I feel it may not be suitable for me. I have another opportunity elsewhere and would like to quit or resign from my current company. It has only been 19 days since I joined, and I have not been assigned or involved in any tasks.

In the contract, it is mentioned that an employee can be terminated by either party by giving one month's notice or one month's salary in lieu of the notice period. I would like to resign without a notice period from my current company. I want to know if it is possible that the company will require me to serve the notice period even if I am willing to pay the one-month salary in lieu of the notice period. I would like to resign and be relieved within a week. Is this possible?

Since you are in the probation period and are also ready to pay one month's salary in lieu of the notice period, your present company cannot ask you to serve one month's notice. You can very well quit the job immediately by paying the notice period salary.

Warm Regards,
Madan

One cannot escape from the fact that we get to know the inside story only after joining. How can you be sure that the new company will be better? There is also a possibility that since you are not fully engaged, you find yourself getting bored.

Resigning Gracefully

As regards resigning, it may be better to leave in an acceptable manner. There are many advantages. Normally during probation, there is no notice period. Please recheck. Since you are willing to pay, there should be no issue. But do leave on a good note. It'll stand you in good stead.

Regards

Some companies do insist on a one-month notice period even during probation. Check your appointment order and review the clauses mentioned in it. Since you are in a probationary period, generally, there is no need to serve a one-month notice. Legally, there is no binding on this.

Regards,
R. Devarajan

As mentioned by R. Devarajan, there is no legal binding to serve a one-month notice as you have not completed one month of service. Since you have not even earned your first salary, they cannot legally bind you to pay for one month. It is advisable to give sufficient time that you are ready to give, which is reasonable for the employer to find a suitable replacement.

I am working as a Jr. Accounts Officer in a private limited company for the last 1 1/2 years. I have received a new job offer from another company, and as a result, I have resigned from my current position. My old company is asking for a one-month notice period, but I am unable to provide this notice period as the new company wants me to join as soon as possible. If I join the new company without giving a notice period and without a proper handover at the old company, could there be any legal issues for me? Can I proceed with accepting the new job without providing the notice period? Please share your thoughts.

I have been working as a Jr. Accounts Officer in a private limited company for the last 1 1/2 years. I have recently obtained a new job in another company. Therefore, I have resigned from my current position and have received an offer from the new company. My current company is requesting a one-month notice period, but I am unable to provide this notice period due to the urgency of joining the new company.

Potential Legal Issues When Leaving Without Notice

If I choose to leave my current company without serving the notice period and without completing a proper handover, could there be any potential legal issues that I might face? I am eager to join the new company as soon as possible without giving the notice period. Please share your thoughts and advice.

Reviewing the Termination Clause

Please refer to the termination clause in your appointment letter to determine if there is any provision for buying out the notice period obligation. This information can guide your decision-making process. Thank you.

Regards,