Resignation during probationary period - company to pay for notice period?

One of my friends has worked in an organization for 5 months and 25 days, and the probationary period in that company is 6 months. Following are the amendments that the organization has in the appointment letter:

a) They can terminate the employee if the services are not satisfactory during the probation period.
b) If the employee has submitted his resignation during the probation or permanent employment, he/she has to serve a 3-month notice or pay the equivalent amount.

Here is my question: my friend has submitted his resignation during the probation period, and the organization has relieved him within 7 days. Since he was not given an opportunity to serve the notice period, we would like to request the 3 months' salary from them.

Please let me know if I am correct.

Dear Suja,

First, it is not mentioned in your post whether the resignation was to be effective from a future date, including the notice period as per your friend's resignation letter. Second, it is also not known whether the management formally waived the notice period before actually relieving him after accepting his resignation.

Anyway, when an employee submits his resignation effective from a future date which includes the entire period of notice, he impliedly expresses his willingness to serve the notice period. But accepting his resignation, if the employer relieves him forthwith either with or without a formal waiver of the notice period, it amounts to a counteroffer which would certainly require the employee's acceptance.

Therefore, certainly, the employee has an irrefutable stake for the notice period salary from the employer.

Hi, I am glad that you have responded to my query. He submitted his resignation on August 3rd and was supposed to be relieved on November 3rd, 2017. After a discussion with his reporting manager about the resignation on August 11th, 2017, the organization immediately sent an email stating that he has been relieved from his duties. When he checked with the HR manager, he was informed that since he had not completed the probationary period, it is not mandatory for the organization to pay him.

Resignation and Termination Details

However, I have reviewed the appointment letter, and below are the two amendments which detail resignation and termination. Here, the employee has resigned himself:

1) You will be on a probationary period for the first 6 months from the date of joining the company. If your service is not found satisfactory during the probation period, the company reserves the right to extend the notice period or terminate without any notice.

2) In the event that you decide to leave the company (during or after probation), you will be required to give 3 months' notice of resignation to the company or pay the company 3 months' salary.

Thanks,
SYED

Sorry, Sujad,

From the clauses you mentioned in your reply, it is clear that the employer has no liability to pay anything.

Anket,

One question, when an employee wants to resign, they are intended to serve the notice period. However, when a company wants to terminate or relieve an employee with or without any reason during the probationary period, they have all the rights. Where is the employee integrity here? I understand that the employee has signed the appointment letter, but I am still not convinced about the employee integrity part here. It looks like the employer has made amendments as per their wish, due to which the employee integrity is in question.

Understanding Company Policies on Resignation

It may seem unfair. But,

1. The company didn't terminate your friend; he resigned himself. Now, your friend may be ready to serve the notice period, but the company doesn't want him to and relieved him early. It's a favor that the company did.

2. Can't you see the clause is for the candidate and not for the company? Your friend signed it; that's it. My answer is still the same. I don't understand why the company will spend the time training staff who are new and about to leave in three months, also paying him. God bless such a company.

I request seniors to shed some light on the topic.