Reliving from Job in probation Period - join a new organization without reliving letter?

I joined an organization 3 months ago, but the job role didn't suit me, so I started looking for a new job and found a better one. I was expecting to be released within 1 or 2 weeks as I was still in the probation period. However, the organization is now stating that I have to serve the standard notice period of 2 months or pay for early release.

Please confirm if it is justified to ask for a 2-month notice period during the probation period. Additionally, if I join a new organization without a relieving letter, will it be safe for me?

Dear friend,

You are in the wrong by not giving notice as per the terms of your appointment letter, which presumably you had agreed to. If it was a two-month notice period, then you should have complied.

Anybody can resign by giving the required notice. When you have faulted on this, you are raising wrong and irrelevant questions. If you want a smooth separation, your options are to give the required notice or pay the equivalent salary and move forward.

Regards,

Vinayak Nagarkar HR Consultant

Our understanding all these years was that a probationer is appointed against a permanent post in the sanctioned workforce, as a probationer-on-probation for either six months or one year. Only on satisfactory completion of the prescribed probation period (or even earlier in some exceptional performer's cases) and duly confirmed by an order in writing, he or she shall be made permanent.

Since the probationary period is a "wait and watch" for the performance output and behavior of the concerned probationer, he or she is under no obligation whatsoever to give notice before quitting the ongoing probation. The employer/the appointing authority has the prerogative and privilege, non-negotiable at that, to terminate probation at any time/day without any notice period or pay in lieu thereof.

The point of giving notice shall be applicable/enforceable only in cases of permanent employees or the appointing authority when either of the two decides to quit the employment - a contract. Seeking compensation in lieu of notice period from a probationer who is still not a permanent employee against a permanent post is unfair, unjust, and improper. In fact, the probationer who takes "unknown to him risks" of leaving previous employment stares at an uncertain future, unsettled career, stopped regular income, in addition to repentance for hasty decisions.

Let's promote a humane touch, as bonding, commitment, and a sense of belongingness are hard to come by. Kritarth Team hopes good sense prevails.

Sharan, Kritarth Team,
25 Sept 2018