Feeling Stuck: Is It Safe to Resign During Probation with a Blank Cheque at Stake?

Hello everyone, I joined a company as an HR Executive on 22nd April. It's my first job, and currently, I'm still in probation. The work culture is not suitable for me—there is no motivation, no proper HR structure, and only 14 employees, including me. I am also asked to create Canva posts and reels (marketing tasks), though there is no marketing team. Several HRs have already left before me.

Main concern:

They took a blank signed cheque from me as security and said it can be used if I break rules or leave without notice.

As per the offer:

During probation: 15 days' notice

After probation: 2 months' notice

I want to resign, but I'm worried about the blank cheque and if they can deduct anything.

Questions:

1. Is it safe to resign during probation?
2. Can they misuse the blank cheque?
3. How should I resign professionally?

Please guide me.

Thanks,
Richa

Resigning during the probation period can be a delicate situation, especially with concerns about a blank cheque submitted as security. Here's a practical guide to help you navigate this scenario:

1. Resigning During Probation:
- Review your employment contract and company policies regarding resignations during probation. Ensure you comply with the notice period mentioned in your offer letter.
- If you decide to resign during probation, do so professionally and in writing. Clearly state your intention to resign and the effective date of your resignation.

2. Concerns About the Blank Cheque:
- Legally, a company cannot misuse a blank cheque for any purpose other than what was agreed upon. However, it's advisable to consult with a legal professional or a labor law expert to understand your rights and protections in this situation.
- If you are concerned about the blank cheque being misused, consider discussing this matter with HR or a higher authority in the company before submitting your resignation.

3. Resigning Professionally:
- Schedule a meeting with your immediate supervisor or HR to discuss your decision to resign. Prepare a resignation letter outlining your reasons for leaving and expressing gratitude for the opportunity.
- Offer to assist with the transition by training a replacement or documenting your ongoing tasks to ensure a smooth handover process.
- Request a formal acknowledgment of your resignation and the return of any personal documents or items, including the blank cheque.

Remember, it's essential to prioritize your well-being and career growth. Seeking guidance from HR professionals or legal advisors can provide you with the necessary support and clarity during this challenging period.

Resigning During Probation

It is not unsafe to resign during the probation period. If you are not interested, please submit your resignation and get relieved.

Handling the Blank Cheque

If they are not returning the cheque, or if you think they might misuse it, please send a communication to the bank not to honor the cheque. Collecting a blank cheque itself is a wrong practice on the part of the company. Nobody can encash a cheque drawn without any consideration. Therefore, just countermand the cheque now, and resign from the job.

Legal Concerns

The employer cannot take any legal action against an employee for not working with them.

Yes, the blank cheque need not be a restraint. Cheque dishonour constitutes a criminal offence in terms of the provisions of Section 138 of the Negotiable Instruments Act only if the cheque is issued in discharge of a legally enforceable debt. However, you owe any debt to the employer. The blank cheque has been entrusted, allegedly, as a security.

However, it is a fact that the NI 138 provision is being misused extensively. To prevent any such misuse, you may address the employer, while submitting your resignation, seeking the return of the blank cheque furnished as security. Simultaneously, you may address the bank, instructing them not to honour the cheque if presented for payment.

In case the cheque is not returned, be on the watch for any communication from the employer regarding the mandatory notice in terms of the proviso to Section 138, and immediately reply to the notice, preferably through a lawyer, bringing the truth on record.

Understanding Employment Contracts and Security Concerns

Employment is generally a contract. If you feel that things are not good at your workplace, it is always suggested to first read the employment contract documents, especially the clauses regarding any deductions or amounts related to training and development or employee grooming.

It's advisable to leave early from a firm where you already sense things are not favorable. Ensure you have a backup plan so you don't feel pressured. Currently, you have a 15-day notice period, which will extend to 2 months later.