Can I Leave After Resignation If My Company Changes Terms During Probation?

Change in Terms and Conditions After Resignation

What happens if a company changes the terms and conditions after resignation, even during the probation period? They enforce a 90-day notice period, and after it is given, they require signing the new terms and conditions. Can I leave after fulfilling the 30-day notice period?

Change in Notice Period After Resignation

The position prevailing on the date of resignation would apply if you were on probation and bound by the notice period of 30 days. The change in notice period is a substantial change and is applicable only prospectively, as opposed to procedural changes which can have a retrospective effect, as per law. Did they state it would apply to pending matters? I hope not! You have to point out these aspects and press for early release.

As I also searched for reviews of employees in the present company, and it is negative. The same company does not relieve employees from serving the notice period. All clauses are in a solo direction and forcefully signed; other employees do not accept resignation.

Notice Period During Resignation and Probation

Sir, can you please tell me what notice period I have to serve at the time of resignation and during the probation period? I was put on 24/01/22, and the terms changed on 25/01/22.

Terms and Conditions of Employment During Probation

You will be governed by the terms and conditions of employment regarding the notice period for the termination of probation. If the revised notice period for resignation during probation is introduced after the date of your resignation, the clause will not bind you, and the employer cannot insist on a revised notice period for resignation. Any change or modification in service conditions cannot be applied retrospectively.

As you cannot seek to be relieved from probation by giving a 15-day notice as opposed to the laid-down period of 30 days stipulated by the employer, which you have agreed to, the employer also cannot act arbitrarily regarding the resignation notice period unless you have agreed to such terms in the probationary orders duly signed and received by you before the commencement of employment.

The emphasis here is that the employer cannot insist that you give a notice period in excess of what has been mutually agreed upon between the parties. More specifically, the resignation period for probation remains unchanged on the date of your resignation from probation.

Regards, P. Senthilkumar