Stuck in a 3-Month Notice Period During Probation: How Can I Prioritize My Family's Needs?

I hope this is the best place and thread to convey my problem. I am working in an IT company and joined in the 1st week of April 2014 (actual date not disclosed), still in the probation period. Last month, I decided to resign and sent a formal email of resignation to HR in the 1st week of September 2014 (actual date not disclosed) with 45 days' notice.

Reason for Resignation

The reason for my resignation is related to my family, as my father is having a lower back issue. The doctor has suggested an MRI scan and surgery ASAP. As I am the only son of my parents, I have to go back and look after him and the family business for some time until my father is completely recovered. We also have a family business that has been running for the past 25 years, and my father is the sole caretaker. He even supported me whether I wanted to run the family business or choose a career in IT.

I have over 5 years of total experience.

Issues with Notice Period

Due to the above reason, I have to resign, but now my manager and HR are not responding appropriately. I have explained my reasons to them, but they are asking me to serve a 3-month notice period before I can take care of my father. Does this make any sense? Is this how cold-hearted the management is?

Upon hearing this unexpected response, my perception of them has changed completely.

The reason they are insisting on a 3-month notice period is that they changed the HR policy a day before my resignation. Due to these serious medical grounds, they cannot make an exception. They mentioned that if I had resigned a day before the policy amendment, they would have considered my notice and relieved me. How could I have known about this policy change beforehand?

Furthermore, my manager and his manager have been unhelpful, claiming they are helpless every time. I believe they are incompetent and unsupportive.

I have not taken a single day off during my entire probation period and even worked on national holidays. Once when I was unwell and requested a day off, my manager insisted I come to work as there was a resource crunch, and I was the only person available for that shift.

I apologize for being blunt, but I cannot contain my frustration. Throughout my career, I have never encountered such uncooperative managers and seniors.

I have a medical certificate from the doctor and cannot opt for a buyout option.

Could someone shed light on my situation and advise me accordingly? Please let me know if further information is needed. (But no company specifics)

Awaiting your response.

Thank you.

Understanding Employment Contracts and Notice Periods

Frankly, I am shocked beyond belief at your anger. You are using expletives that you should avoid in any case. In this case, you have a problem that is very serious in your thinking, and no one has a right to be judgmental about it!

But please first look into your Letter of Appointment and study its provisions regarding separation from employment and mutual obligations concerning the same. Your long email is completely silent on this aspect. Employment is a "contract" that carries covenants for both parties on various matters covered by the employment relations with the organization. This contract cannot be changed unilaterally by any party to the contract.

A change of policy regarding the "notice period" is a lame reason. Have you agreed in the contract of employment (Letter of Appointment) to be governed by any unilateral changes in service conditions implemented by the management? One has to know this before advising you!

Further, USUALLY there is no requirement regarding the "Notice Period" while on probation (though some employers insert a clause requiring a Notice Period if either party decides to terminate the contract during the probation period). What is the scenario in your case?

However angry you may be over an issue, if you desire good advice, you must, in your enlightened self-interest, provide ALL relevant facts. I do not think you have done so in your instant query! You may win sympathies from members, but no good advice if necessary information is not provided.

Kindly reconsider your situation and revert if you so desire!

Cheers, the world has not come to an end, nor will the skies fall down.

Regards,
Samvedan

October 4, 2014

Understanding Employment Terms and HR Policies

See your terms of employment. HR is bound to go by the employment contract. Exceptional cases like yours may be considered at the recommendations of your reporting manager. In any large organization, personal interests or problems are least considered as they go by their policies. Blaming them is of no use to you. You can personally request your line manager to explain to HR for relaxing the rules.

Regards,
Pon

As already advised by two considerate persons above, the letter received by you at the time of appointment lays down the separation conditions. If it says that 3 months' notice is required from either side, you can't overrule it now; does it also say that your terms are liable to change at any time by the management? If it does, they have the right to change it for whatever reasons.

However, if your needs are so urgent, you can always pay them the equivalent of the notice period salary and leave the company (if the appointment letter gives that provision).

Being in the good books of the superiors will always help in this kind of situation - by calling them names, you cannot achieve your objectives. You will perhaps realize it when you run your father's business, for the shoe will be on the other foot!

Be nice and polite to them however much you dislike their attitude - they have a company to run, whatever their level of compassion may be.

And why an email letter of resignation? Could you not have written a hard copy, delivered it personally, and explained the reasons politely at the same time? The reaction might have been different.

Please remember that it is said that thoughts travel from mind to mind, irrespective of the words. If you have respect for others in your mind, it will automatically exhibit itself; so is the converse.

Regards,
R. Ramamurthy

Actually, I agree with Ramamurthy – you should have spoken to your superiors about the medical condition of your father. If you had asked for their opinion on the steps you should take to care for your father and manage your family business, this situation would have been different. By taking this step, I am sure you would have had a different experience than what you are currently facing. My recommendation is that, regardless of the circumstances, you should avoid using such language against your superiors.

Now that it is too late, you have two options: either you pay the notice period, or you can leave without undergoing the relieving process and receiving a relieving letter. I don't think the company can take any action in this case.

Nevertheless, this kind of attitude from HR actually brings shame to the HR fraternity.

Regards,
Dolphy Goveas

First of all, under probation, the notice period is not applicable. Leave aside the legal position, explain your situation to the management. Also, inform them that under the probation period, the notice period is not applicable. Both sides will have to cooperate to the maximum.

Almost every day here on CiteHR, we encounter instances of people being bound by contracts, many of which, I think, in the Western world, would be deemed unconscionable. However, I appreciate that things are different in India. But nothing is ever going to change unless YOU make it change. I understand that jobs are hard to get, and when people are desperate, they will agree (foolishly, in my belief) to outrageous terms. That said, the time has come for people to start standing up for what is fair and reasonable.

Yes, companies have a business to run, but there is no reason not to run that business in a fair, reasonable, and ethical manner. The OP makes a valid point that companies treat their staff like machines and have no regard for them. I have experienced that myself.

Somewhere, somehow, people are going to have to make a stand. STOP signing such contracts that force you to serve out unethical notice periods. STOP handing over original certificates as surety. STOP working for employers who do not abide by labor laws. STOP working for employers who do not provide a safe working environment.

AND YES, I AM WELL AWARE THAT THIS IS NOT EASY TO DO, and I have no easy answers to help you. But burying your head in the sand and ignoring it WILL NOT make it go away.

BEFORE you sign any employment contract, MAKE SURE there are no provisions that could trip you up in the future, especially if you have elderly parents, health issues, a marriage on the horizon, or anything at all.

By the same token, you should not be allowed to just walk away from a job merely because you don't like it. YOU must do your homework first and ensure that if you accept an offer, it is a job you want to do, with a company you want to work with, and with a salary you are happy with. If you just want more money and don't care about anything else, then don't accept a job until you find the one that pays what you think you should get.

Unfortunately, I have no advice for the OP, other than seeking legal advice, which might be enough to encourage the employer to act more reasonably.

Regards.

I am not sure if anything more can be added to what the members have already mentioned. In a single line, all that can be said is: when you had a chance to make the Company a part of the solution [to the issue of your father's surgery and the consequential situation at your end], you ended up making the Company a part of the problem instead [either by your foolhardy or plain take-for-granted attitude].

Options to Consider

I guess you have ONLY 2 options/choices right now:

1. Forget about this experience and walk off from the job [and be ready to face the consequences, whatever they may be].

2. Serve the 3 months' notice period and go smoothly.

I would suggest the second choice—even though it might be tough coming down after taking the high-altitude position once.

To the extent I know about the medical situation you mentioned, an MRI scan doesn't require you to quit jobs. Surgeries for the conditions you mentioned are surely not emergencies [meaning life-threatening] ones that need surgery in a jiffy. I am sure things can be properly planned out with a discussion with the doctor [usually until the surgery is done, the patient is put on medications].

And this MAY NOT be to your liking: suggest inculcating an attitude of "taking responsibility for your actions." It's easy to blame everyone under the sun for what essentially has been of your making.

All the best.

Regards,
TS

Based on my understanding, your employer is not able to grant you leave from your services, and you need to return home to take care of your father's health. Therefore, I suggest that you send an email and resign from the organization immediately. By doing this, your employer may deduct the notice period days from your salary, which I believe should not be a significant issue for you.

I hope you all agree with this suggestion.

Regards,
Janardan

If that is the case, then a movement must start to ensure that offer letters MUST contain all relevant information so that prospective employees can make an informed decision. I, for one, would never sign any contract of employment before knowing all the conditions. It seems to me that in the interview, prospective employees MUST ask questions about notice periods and any other vital information BEFORE they leave the interview room. If the employer does not want to provide that information, then you have to ask yourself, do I want to work for this company? What are they hiding? How will my future be affected? Etc., etc.

I have sincere advice for you: when the Prime Minister of India can take charge in less than one week's time, you can always get relieved in a similar duration. Now, there is no point in blaming anybody and waiting for others to decide about you. As a human being, at this moment, attending to your father is more important for you.

You should proceed on leave to attend to your father; proper written communication should be done to this effect. It is my 30 years of experience that nothing is going to fall on you or them if you are not at the job. There are so many people who leave this world without notice, namely late Mahatma Gandhi, Mrs. Indira Gandhi, Mr. Rajiv Gandhi. We have great respect for all of them; the assassinations of these leaders are most unfortunate incidents.

Without prejudice, the next person could take over after the assassination of the above leaders, and the world succeeds. Moreover, the succession plan in your present organization should be effective.

Please attend to your father who contributed to giving birth to you. Wish your father a speedy recovery.

If you need any further help, please feel free to reach me.

With best wishes,

Avinash Dhomse