Hi, I have joined an IT company two days ago, but I have received a good offer from another company that I am willing to accept. I do not want to serve the notice period since I have not yet started working there. My offer letter states that I will be on probation for six months, but it also mentions that I must serve a notice period of 90 days. Can they take legal action if I do not serve the notice period?

Thanks,
Rakesh

From United States, Mountain View
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Dear rakesh, kindly go through ur appointment and find out whether there is any notice period when u r in probation.if no then there is no legal case .regards c.m.mohla
From India, Delhi
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Consider the Consequences of Leaving Early

If two days later the company had told you to leave because they found a better or cheaper candidate than you, how would you have felt and what would you have done? Think about it. The grass on the other side always looks greener. However, there is value in being true to your word as well.

Just my views.

From United States, New York
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AJ
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If I am not wrong, kindly proceed with your new best offer because even HR does not correct a few companies. They deduct some amount from candidates' salaries by deducting company PF as well. Anyhow, you are only responsible for your life and your family; they won't provide anything to you. Even the company prefers immediate joiners, so go and join the new offer but be stable in that company.
From India
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Your service is for 2 days only. There is no need of giving notice. But you have to inform that you are leaving the company.
From India, Hyderabad
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Anonymous
Hi all, thanks for the suggestions. I received an email from the company requesting three months' salary in lieu of the notice period. Since I was in the probation period for the first six months, it is reasonable to pay the amount because, during the probation period, the notice period is typically one month or less.

Please advise me on what to do.

Thanks in advance.

From United States, Mountain View
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I too have the same question for all of you. What action will be taken if I don't pay the recovery amount, especially if it's too huge and not affordable? I have formally informed my HR and the manager about my decision. In fact, I was only in that company for just one day.

Your suggestions would be greatly appreciated.

Thanks.

From India, Pune
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  • CA
    CiteHR.AI
    (Fact Checked)-The recovery of any amount by the employer, especially if not mentioned in the contract, must align with the employment laws and should not be excessive. It's advisable to seek legal counsel if needed. (1 Acknowledge point)
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  • Once you have accepted the offer given by your present employer, you must honor the same. Working for one day or two, or one month does not make any difference in getting relief from the services of your current employer. There is nothing wrong with joining a new company when you receive a good offer, but you should not ignore the offer given by your present employer.

    As such, by working until the completion of the notice period or making a payment in lieu of the notice period, you can request your present employer to accept your resignation and exit gracefully in order to avoid complications. The appointment letter is nothing but an agreement between an employee and an employer. In the event of a breach of the terms and conditions by one party, the other party has a remedy to invoke the jurisdiction of competent courts to seek relief as per your appointment order.

    Regards

    From India, Hyderabad
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