Is It Fair to Pay Notice Recovery When My Company Won't Let Me Serve the Notice Period?

Hi Everyone, I have joined a company and am currently on probation. It has been about two weeks since I joined. I have sent my resignation email but have not received any written response. The company's HR verbally instructed me to submit all assets and ID, and mentioned that I will not be receiving an experience letter. They have also informed me that the company has decided on a notice pay recovery that I am required to pay.

I have expressed my willingness to serve the notice period and have no issues with it, but they insist that it would be of no use for either party. I am unsure if it is valid for me to pay the amount if the company is opting for an early release. Please advise me on what steps I should take.

As a general practice adopted in appointments, the notice period does not arise at all if an employee submits his resignation during his probation period. He can be relieved from the services the next day. However, without perusing the Offer of Appointment letter received by you from the company, it is difficult to provide a solution for you.

Hi Radhakrishnan, in my offer letter, it is mentioned that if I am on probation, then either party can resign by giving one month's notice period in writing.

In another part, it is mentioned that your employment can be terminated by you or your company with one month's notice. The company can waive, at its sole discretion, the notice period or allow you to pay in lieu thereof.

In the event the company terminates your employment, i.e., in the above case (resignation) or if they terminate you without any reason, the company may, at its absolute discretion, pay you a sum in lieu of part or the whole notice.

Please suggest how I can handle this as I am not able to understand.

Terms & Conditions of Notice Period

Terms & Conditions of the notice period apply only after the probationer is confirmed in the permanent (Standard Force) position in which he/she was appointed on probation. During the probationary period of employment, either signatories can resign or be relieved as the case may be. Other than this, any other action/decision is arbitrary, hence not maintainable under the employment laws and fundamental rights to pursue any employment, avocation, or profession.

Arbitrariness on the part of some employers/management is not new nor unheard of in "our society." Compelling someone to accept unilateral conditions/terms is akin to bondage, which our country does not espouse.

Kritarth Team

9 Dec 2019

Bengaluru Office

Hi Kritarth team,

I was not able to understand the entire terms. I guess you mean to say that the terms and conditions are valid after confirmation. Since I am on probation, I am not bound to pay money to them, and I can serve the notice period.

Hello Swati, as you have terms and conditions in your employment contract letter, it is better to serve a one-month notice period. Since you have already tendered your resignation letter by mail, submit another letter stating that the above intimation may be treated as your notice of resignation, and work for the remaining period in the notice period. Try to get relieved from the company properly. As you have only worked for 2 weeks, it is advisable not to add this very short stint in your CV for future openings.