Notice period - was under the probation period that my company had for 3 months

Good morning all, I need some assistance regarding the notice period. I was under the probation period that my company had for 3 months. After completing 2 months of service, I resigned. HR didn't inform me regarding the notice period, neither did my manager, and I was not aware of it.

Now, I received a demand letter from the company stating that I have to bear the recovery amount for not serving the notice period. When I discussed this with HR, they mentioned it was specified in the offer letter. They also mentioned that for experienced people, it won't be discussed again, which again seems unfair.

I am not in a state to pay the recovery amount. What is the best advice that I can follow next?

Without perusing the offer letter/appointment order, we cannot say anything. There are various versions of the offer of employment. Generally, the notice period provision will not be applicable during the probation period. Therefore, please read the offer letter and see if there is any mention of the notice period during probation.

Hi,

At the time of resignation, either HR should have informed you about the requirement, or at least you should have checked with HR about the notice period. Now, just serving a demand notice is not very professional. You may reply to the demand notice by stating that you are unaware of the notice period requirement and that no one from HR discussed it with you. Further, express your willingness to serve the proper notice period as per the company's requirement. Reply in this manner and wait for their response. If permitted, serve the proper notice period and get relieved correctly.

Hi,

Here are some steps you can consider taking:

Review Your Offer Letter and Employment Contract:
Go through your offer letter and any other employment-related documents you received when you joined the company. Look for any mention of a notice period and what the consequences of not serving it might be.

Seek Legal Advice:
If you're unsure about your rights and obligations, consider consulting with an employment lawyer. They can provide you with legal advice based on your specific situation and local employment laws.

Discuss with HR and Management:
Arrange a meeting with your HR representative and possibly your manager. Politely explain that you were not aware of the notice period, and express your concerns about the recovery amount. Ask them to provide you with any documentation that outlines the notice period policy.

Negotiate If Possible:
Try to negotiate with your employer. They might be willing to come to a mutually agreeable solution, such as reducing the recovery amount or providing you with additional time to pay it.

Document Everything:
Keep records of all communications related to this matter, including emails, letters, and notes from meetings. This can be useful if the situation escalates.

Consider Mediation or Dispute Resolution:
If negotiations break down, you might suggest mediation or an alternative dispute resolution process. This can be a less adversarial way to resolve conflicts.

Review Employment Laws in Your Jurisdiction:
Understand the labor laws and regulations in your area. Some jurisdictions have specific rules about notice periods and the consequences for not serving them.

Evaluate Financial Options If You Are Unable to Pay the Recovery Amount:
Explore your financial options. This might include seeking a loan, discussing a payment plan with the company, or exploring other financial resources.

Stay Professional:
Throughout this process, maintain a professional demeanor. Avoid making any negative comments about the company or its representatives, as this could potentially harm your future prospects.

It's crucial to consult with a legal professional who can provide advice tailored to your specific situation and the laws in your jurisdiction. They will be able to provide you with the best guidance on how to proceed.

Regards.