Confused About Notice Pay Deduction During Probation? Let's Discuss What Happened

I need your valuable suggestion for my previous organization's employment. I served for 11 months there and left the job for a better opportunity in the same field.

Probation Period and Notice Period Issue

I had not received a confirmation letter or acknowledgment from the company on the completion of the probation period, which is 6 months there. I served a notice period of 35 days thinking I was not confirmed, where I was supposed to serve a 90-day notice as per the appointment letter after completing probation. During my resignation, neither my line manager nor HR discussed the notice pay. In my Full & Final settlement, notice pay was deducted. When I asked HR about the deduction, even for not being a confirmed employee, they replied, saying that as per company terms, you had availed an increment in March 2018, which would be given to confirmed employees, so it was assumed that the probation was completed.

Lack of Communication and Its Consequences

The company follows issuing confirmation and getting acknowledgment for it. Here, my question is, if they had discussed the notice pay before, I would have been open to serving notice or would have asked to buy out from the new employer.

Notice Period and Probation Completion

All your current choices, now expressed, are all in hindsight. Serving a notice period now has no place. Many firms are not prompt in declaring the 'completion (or extension) of probation.' A sound HR office practice calls for proper communication and keeping records straight, instead of keeping the staff guessing and presuming. In your case, they also insisted that 'granting an increment is as good as the completion of probation and confirmation.'

Regarding the notice period, you should have considered it beforehand when you decided to quit. If this foresight had alerted you in time, the now-posed question would have been answered unequivocally. You missed the opportunity, and thus, you'll have no choice. Besides, a 90-day notice period is abnormal. I believe you had not signed any bond; if you had, that much you are saved.

For now, try sending a request explaining your viewpoint and see what happens. If you are favored, you are fortunate. If not, consider it bad luck. It's not worthwhile to pursue legal action.