Can We Deduct Salary for Early Resignation During Probation Without Notice?

Hi, this is SJJ,

I have a query about the notice period before resignation. One employee was on a stipend and was working in the probation period. He has left the job before completion of probation. No prior intimation was given about the resignation. Also, he was not confirmed.

So, can we deduct his one-month salary from his dues? Or is there any other way to settle his account?

Please reply soon.

Thanks & regards,
SJJ.

Dear friend,

This decision is based on internal policies. Normally, we require a 15-day notice period. Please inquire about the reason why the individual is leaving during the probation period. It is very challenging to let go of employees after investing time in training them.

Regards,
Balaji

In fact, the Notice Period is a dual-sided weapon. Notice is required to resign, and at the same time, notice is required to be served to the employee to terminate his service. Both notices should have an equal period. Therefore, if the appointment order or the Standing Order of the company is silent in this respect, forget about it, especially in the case of a probationer. This is because a probationer is not supposed to hold any responsibilities since he is under probation - he is just studying.

In effect, a notice period from the employee's side is regarded as the period required for the employer to find a person and make him fit to take on the responsibilities that the resigning employee has been entrusted with. An employee is placed under probation for a period because he is expected to study the formalities, and during this period, he is not given any particular responsibility. Though this is what it is meant, many organizations find "probation" as a weapon to withhold benefits like PF, Bonus, etc.

If a probationer is asked to give notice or if one month's salary is deducted for not giving notice, he can ask for such benefits that were not paid to him during probation. Labor laws always protect him.

Regards,

Madhu.T.K

Dear SSJ,

You cannot withhold his salary/dues. By your admission, the employee was still under probation and was not confirmed. Do you have a notice period clause even in the probation period?

The universal HR practice is that during the probation period, the organization can do away with the services of the employee without any advance notice or payment in lieu of. The same applies from the employee's side also. An employee under probation can leave without any advance notice.

Mohan.

Hi!

I guess in this case, you would need to refer to the offer letter details. Generally, there is one clause added to this respect, saying if you would like to leave even before your probation confirmation, then you must give at least a month's notice to the employer. If that is the case, one can proceed and do the needful.

Thank you.

Dear,

Mainly, it depends on the Service Rules, but as far as I know, there is no need to give a notice period for a person who is on probation. He can leave the job without any information. This applies to both sides, i.e., from employer to employee. An employer can also terminate the service of a probationer without giving any notice.

Regards,
Mukesh

Hi,

Please note that to deduct against the notice period, you have to strictly adhere to the clauses mentioned in the appointment letter. If the appointment letter states that X days' notice period is required to be given, then only you can deduct against any shortfall in the notice period.

Regards,
Makarand Kotalwar

Dear,

It also depends on the level of the person. Sometimes, for senior-level positions, even during the probation period, there is a one-month notice period. Please check your internal policy on the probation period or refer to the appointment letter.

Regards,
Shobha

Hi,

Your deduction should be based on company policies, and there should be a separate clause in your appointment letter stating the time for the notice period and deduction.

Thanks,
Manikandan

Query

A staff member submits her resignation and gives a one-month notice period. The company accepts the resignation and hires a new staff member. The company states that the resigned staff member could leave the service as the position was filled. Is it necessary for the company to require the resigned staff member to stay until the end of the notice period?