Facing a Surprise Notice Period After Resigning: How Should I Handle This Situation?

Hello there, I started working as a trainee in a company, and in my offer letter, they only mentioned a 12-month probation period, which I completed in April 2020. I have now resigned from the job as I have another offer in hand. The HR from the resigned company is saying that I have to serve one more year as a notice period, but I haven't signed any bond stating that I'll serve two years when I joined the company. What should I do now?

Venkat - Employers sometimes resort to trivial steps like this, and it is a sign of ineffective HR and workplace ethics. I presume that you haven't signed any new terms of the contract with your current employer.

Practical advice: Please email HR, looping in your Reporting Manager/HR Business Partner, citing the offer letter clauses that were originally agreed upon. State what you have agreed to, and clearly highlight at the end of the email that resignation is at the will of an employee. You have decided to pursue a more suitable opportunity outside of the organization, and you cannot agree to an extended probation period and notice period like this. Although the COVID-19 pandemic might have caused a few changes in HR modalities, notice periods and probation periods are not affected by such incidents, so you have to go by what was originally agreed upon with HR.

If you will, please avoid altercations, verbal spats, email thrashing, etc. This is the time to stay calm, cool, and mature. Be confident in presenting your perspective and have the utmost respect in your words while you put them in an email or over a phone call, maybe.

You will sail through—stay calm and initiate talks soon.

Hello Venkat,

In the absence of a letter being issued to you immediately upon completion of your year of training/probation (20.04.2020), it is appropriate for you to resign now. You have not violated any of the terms of the training/probation unless the original offer of appointment contains a clause stating:

In the absence of a letter being issued either extending or terminating the one-year training/probation, the training/probation is deemed to be continued for another six months/one year.

Unless you provide a copy of the terms and conditions of the letter of appointment, we will not be able to give a clear-cut reply.

It is further confusing to note that you were taken as a trainee for one year from 20.04.2019. Where is the question of probation? Training and probation are two different/distinct modes of appointment, and both cannot coexist.

It is advisable to send an email to the HR Department with a copy marked to your immediate boss, explaining your position and seeking a formal order of relief.

Be polite in your words, and your email should not show any sense of grudge that could be perceived by the former employer.

Regards, Panchsen

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