Can My Company Deduct Extra Notice Pay Even If I'm Still on Probation? Seeking Advice!

I am working with a multinational company based in Pune. I have completed 15 months with the organization and have now resigned. According to my appointment letter, the notice period during the probation period is 1 month, and upon confirmation, it is 3 months. As of my resignation date, I have not received my confirmation letter, indicating that I am still on probation. I have already served a notice period of 2 months. However, my HR team is informing me that they will deduct one month's notice pay from my Full and Final settlement.

Based on my understanding, I am entitled to a 1-month notice period. Nevertheless, out of goodwill, I have already given a notice period of 2 months. I seek your guidance or thoughts on whether the HR department can deduct one month's notice pay from my settlement, or if they should release me within the specified period.

Your assistance in this matter would be greatly appreciated. Thank you for your attention to this issue.

Sincerely,
[Your Name]

Dear,

In my view, they can recover your dues. Of course, they should give you a confirmation letter after 6 months because generally, probation is 6 months in the private sector. A person is presumed to be confirmed after 240 days even if not given confirmation as per the Industrial Disputes Act, 1947.

Thank you.

Confirmation and Notice Period

Confirmation is not automatic, and there are enough legal precedents stating that confirmation should be given in writing. The exception is if your appointment letter includes a clause for automatic confirmation.

Since they have not confirmed you, the notice period for probation applies. The question is about the remedy. Filing a legal complaint is a time-consuming and expensive process, which can affect your future career. Employers generally do not favor employees who are involved in litigation, and you may not get time off for court hearings.

Being an MNC, there will likely be a grievance mechanism. Speak to the HR head and express that you want to leave on good terms but also want what is due to you. If he accepts it, that's good. Otherwise, it might be better to move on. The new job may offer you more than what you would lose here.

Regards

You can search on Google for the cases; you will find the references. Also, check the model standing orders of your state as there are procedures clearly stated in this regard.

Check out https://indiankanoon.org/doc/28412151/

Specifically, check out point 4. If you review the corresponding judgments quoted in the judgment, you will understand the circumstances. By the way, the rules referred to in the judgment summary are the Central Government UPSC rules. However, the formularies mentioned will be your standing orders or model standing orders.

Probation Period and Confirmation

I totally agree with Mr. Saswata as it's clearly mentioned in the appointment letter about the tenure of the probation period, as well as the terms and conditions of the probation period along with the confirmation procedure. The common language used is: "You will continue to be on probation until a letter of confirmation is issued to you in writing." So, until you receive a confirmation letter in writing, you will be treated as a probationer.

Anyway, you can check your appointment letter regarding the clause of probation and confirmation.