I joined a reputed airline company based in Gurgaon in December 2010 and was under probation for 6 months. I must put this forward that it was the worst company to work for. While I was under probation, I quit the company by serving a 1-day notice. As per my offer letter, it is written that if an employee is leaving an organization within the probation period, then he or she has to serve a notice period. If a confirmed employee leaves the organization, then he has to serve a notice period of 3 months or pay salary in lieu of that.
As I left the company while under probation without serving any notice period, my question is: can a company sue me for this? I did receive a letter to pay the settlement amount, but it's nowhere written in my offer letter that I have to pay a one-month salary if I am under probation. Then how can a company sue an employee when there is no written document that says the employee needs to pay a one-month salary if he leaves without serving a notice period under probation?
From United States, Cambridge
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As I left the company while under probation without serving any notice period, my question is: can a company sue me for this? I did receive a letter to pay the settlement amount, but it's nowhere written in my offer letter that I have to pay a one-month salary if I am under probation. Then how can a company sue an employee when there is no written document that says the employee needs to pay a one-month salary if he leaves without serving a notice period under probation?
From United States, Cambridge
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Notice Period for Employees Under Probation
Generally, every company has a provision for a notice period for employees under probation and confirmed employees. It may vary from 7 to 15 days or even 30 odd days in some specific cases. Was there something mentioned in your letter that during the probation either you or the company can terminate the employment without giving any notice? Ideally, no company would have a clause like this, but if you have it specifically in your letter, then feel safe...
From India, Faridabad
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19Generally, every company has a provision for a notice period for employees under probation and confirmed employees. It may vary from 7 to 15 days or even 30 odd days in some specific cases. Was there something mentioned in your letter that during the probation either you or the company can terminate the employment without giving any notice? Ideally, no company would have a clause like this, but if you have it specifically in your letter, then feel safe...
From India, Faridabad
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You shouldn't have an iota of doubt, for all service conditions will be governed by your terms and conditions as per your appointment letter and your company's Conduct and Discipline Rules. When they are silent, only then do other statutory provisions come into play. Please refer to yours.
Regards,
Kumar S. BG.
From India, Bangalore
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Regards,
Kumar S. BG.
From India, Bangalore
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Appointment Letter to an Employee for fixed period.doc
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