Hi all, I have been working in a company for the last month, and I am still on probation. I would like to leave the company, but they are saying I have to serve a 2-month notice period. However, it has not been specified in the offer letter that I have to serve a notice period while I am on probation. The following lines are from the offer letter. Can you please tell me if I have to serve a notice period or not?
Training and probation
33.1 The employee has to serve a training and probationary period for 3 months. Upon successful completion of training and probation, the services of the employee would be confirmed with the company.
33.2 Initially, the employee would have to go through the training for the process he/she will work for, and it is very much required that he/she gives proper attendance and shows sincerity towards the training. Hence, there would be no leaves allowed during the probation period unless it is very urgent, and for the same, the HR department should be informed and approve the leave in advance. Although any such leaves would also be a Leave Without Pay.
33.3 During the probation period, the employee has to work with sincerity, and performance should be as per the company’s expectations. If the employee is found to be a non-performer or involved in unethical acts or breaches any company policy, then the company can take action against him or her and may discontinue the services of the employee with immediate effect.
33.4 The company reserves the right to extend the probation/training period of any employee depending on different circumstances like performance, absenteeism, unethical acts, policy breach, and other grounds. If an employee fails to fulfill the above-mentioned parameters or one of them, the company can extend the probation/training period, which can be more than 3 months.
Notice period
34.1 All employees, irrespective of department or designation, will be required to serve a 2-month notice period from the date of resignation.
34.2 During the notice period, the employee will not be eligible to avail of leave. In case of any emergency, if the employee avails of leave(s), it will impact his/her notice period duration. The notice period will be extended by the equal number of days for which the employee has availed of leaves during the notice period.
34.3 If an employee resigns, then his current month’s salary will be put on hold and will get processed along with the full & final settlement.
34.4 Complete salary and bonus till the last working day will be paid to all employees who judiciously serve the entire notice period.
34.5 In case an employee fails to serve the desired notice period, then the remaining notice period amount will be recovered from the employee, and a service certificate will be given only after clearance of the no-dues certificate.
34.6 The company may, at its sole discretion, waive all or part of the notice or allow you to pay in lieu of the notice. Any resignation would have to be accepted by the company to become effective.
Training and probation
33.1 The employee has to serve a training and probationary period for 3 months. Upon successful completion of training and probation, the services of the employee would be confirmed with the company.
33.2 Initially, the employee would have to go through the training for the process he/she will work for, and it is very much required that he/she gives proper attendance and shows sincerity towards the training. Hence, there would be no leaves allowed during the probation period unless it is very urgent, and for the same, the HR department should be informed and approve the leave in advance. Although any such leaves would also be a Leave Without Pay.
33.3 During the probation period, the employee has to work with sincerity, and performance should be as per the company’s expectations. If the employee is found to be a non-performer or involved in unethical acts or breaches any company policy, then the company can take action against him or her and may discontinue the services of the employee with immediate effect.
33.4 The company reserves the right to extend the probation/training period of any employee depending on different circumstances like performance, absenteeism, unethical acts, policy breach, and other grounds. If an employee fails to fulfill the above-mentioned parameters or one of them, the company can extend the probation/training period, which can be more than 3 months.
Notice period
34.1 All employees, irrespective of department or designation, will be required to serve a 2-month notice period from the date of resignation.
34.2 During the notice period, the employee will not be eligible to avail of leave. In case of any emergency, if the employee avails of leave(s), it will impact his/her notice period duration. The notice period will be extended by the equal number of days for which the employee has availed of leaves during the notice period.
34.3 If an employee resigns, then his current month’s salary will be put on hold and will get processed along with the full & final settlement.
34.4 Complete salary and bonus till the last working day will be paid to all employees who judiciously serve the entire notice period.
34.5 In case an employee fails to serve the desired notice period, then the remaining notice period amount will be recovered from the employee, and a service certificate will be given only after clearance of the no-dues certificate.
34.6 The company may, at its sole discretion, waive all or part of the notice or allow you to pay in lieu of the notice. Any resignation would have to be accepted by the company to become effective.