Can My Former Employer Demand a Huge Payment for Leaving Without Notice Due to Health Issues?

Hi, I have been working with an MNC bank for the last 10 months but had to leave the organization without serving the notice period due to severe health issues. While working there, I was not given any letter regarding confirmation after the completion of the probation period. I have sent my resignation, on which the company has sent me a letter asking me to pay an amount that is far more than even three months' take-home salary.

Notice Period and Contractual Obligations

The contract states that the notice period after the completion of probation is three months, while during the probation period, it is one month, or payment in lieu of such notice period. The organization has a rule that people joining on or after a particular date will be deemed to be confirmed. I joined just two days before that date, so I do not fall under this scheme.

In such a scenario, can they ask me to pay such a heavy amount?

Thank you.

The terms of your appointment should also govern your resignation. If the notice period during probation is one month and three months upon confirmation, then you are required to give one month's notice, provided your services are not confirmed by the company in writing after the probation period expires. On the other hand, if there is a provision in your appointment order for automatic confirmation of services after the six-month probation period, then you are also required to give three months' notice or payment in lieu of the notice period.

Regards

Dear Friend, The terms of your appointment should govern your resignation as well. If the notice period during probation is one month and extends to three months upon confirmation, you should give one month's notice. However, if your company does not confirm your services in writing after the probation period ends, you are only required to provide one month's notice.

On the other hand, if your appointment order includes a provision for automatic confirmation of services after the six-month probation period, you must give three months' notice or payment in lieu of notice.

Regards,

Sir, thank you for your valuable comment, especially coming from an experienced senior in our field. The company has not confirmed my employment in any way, let alone in writing, and my appointment letter clearly states that a confirmation letter will be issued after six months.

Thank you for your response.

In any case, you should not give 3 months' notice pay. It is specifically mentioned in the appointment letter that a confirmation letter will be issued upon completion of the probation period.

Regards,
J L Trivedi
Ahmedabad

Confirmation of Employment Post-Probation

By default, any employee who completes the probationary period is deemed to have been confirmed, unless the terms of the appointment letter specifically mention that the employee will be confirmed in writing upon completion of the probationary period. If this clause is included in your appointment letter, then the company has the prerogative to ask for three months' salary in lieu thereof.

Regards,
Seshadri Mahalingam

Sir, my appointment letter expressly mentions confirmation after the completion of 6 months, and as of today, I have received no communication from the company regarding that matter.

Sir, my appointment letter expressly mentions confirmation after the completion of 6 months in writing and states that until confirmed in writing, I will be on a probation period. As of today, I have received no communication from the company in that regard.