I need some clarification regarding my resignation. I have been serving my notice period. I have completed 1 year in an entry-level engineer position. Now I have received an offer which is my dream job, and the joining date is 08-02-2016. I resigned from my post on 21-01-2016. Now my HR is telling me that I should serve a notice period of not less than 2 months, which is not possible for me. I have stated my notice period and probation period clause. Please help me on how I can use these clauses to reduce my notice period. I have 14 days of unused paid leave.
Note on Appointment Letters
I received one more appointment letter after six months because of some small change in the company's operation. In the first appointment letter, the probation period clause is not there at all, whereas in the second appointment letter, the probation clause is stated below.
Notice Period Clause
Your services are subject to termination at any time by giving 60 days' notice in writing without assigning any reason thereof. You may also terminate your employment with us by giving us not less than 60 days' notice in writing. Shortfall in the notice period from the employee's side would be recovered from the employee. However, under specific circumstances, with prior approval from the Manager, the shortfall may be adjusted with the un-availed paid leaves or completely waived off.
Probation Period Clause
As per the terms of employment with XYZ company, you were on probation for a period of 6 months from your date of joining. You will continue to be on probation for the unexpired portion of the probation period, and XYZ company reserves the right to extend the probation period, based on your performance. On satisfactory completion of probation, we will inform you in writing whether we can confirm your appointment, and you shall be deemed to be on probation until so confirmed in writing.
Please help me.
Regards
From India, Bengaluru
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1Note on Appointment Letters
I received one more appointment letter after six months because of some small change in the company's operation. In the first appointment letter, the probation period clause is not there at all, whereas in the second appointment letter, the probation clause is stated below.
Notice Period Clause
Your services are subject to termination at any time by giving 60 days' notice in writing without assigning any reason thereof. You may also terminate your employment with us by giving us not less than 60 days' notice in writing. Shortfall in the notice period from the employee's side would be recovered from the employee. However, under specific circumstances, with prior approval from the Manager, the shortfall may be adjusted with the un-availed paid leaves or completely waived off.
Probation Period Clause
As per the terms of employment with XYZ company, you were on probation for a period of 6 months from your date of joining. You will continue to be on probation for the unexpired portion of the probation period, and XYZ company reserves the right to extend the probation period, based on your performance. On satisfactory completion of probation, we will inform you in writing whether we can confirm your appointment, and you shall be deemed to be on probation until so confirmed in writing.
Please help me.
Regards
From India, Bengaluru
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Handling Notice Period During Resignation
First of all, congratulations on getting your dream job offer. I wish you a successful career ahead. Talking about a career, it is equally important to maintain a good relationship with the organization you are leaving. My suggestion is to talk to your manager or HR for mutual consent on the notice period waiver or deduction of salary in lieu of the notice period. Only with mutual consent can early relieving be possible.
Furthermore, you can request your HR to adjust your unpaid leaves to the notice period. Just in case the notice period is different during probation (which does not seem to be clear in the probation or notice period clause), that might surely work in your favor.
Regards,
[Username]
From India, Mumbai
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First of all, congratulations on getting your dream job offer. I wish you a successful career ahead. Talking about a career, it is equally important to maintain a good relationship with the organization you are leaving. My suggestion is to talk to your manager or HR for mutual consent on the notice period waiver or deduction of salary in lieu of the notice period. Only with mutual consent can early relieving be possible.
Furthermore, you can request your HR to adjust your unpaid leaves to the notice period. Just in case the notice period is different during probation (which does not seem to be clear in the probation or notice period clause), that might surely work in your favor.
Regards,
[Username]
From India, Mumbai
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Notice Period and Probation Clarifications
1) If you have not received any confirmation and have acknowledged it with your signature, you are still on probation. This means your notice period will be applicable as per the probation terms.
2) Your notice period clause states that you may get the notice waived or adjusted with the Manager's approval. You should approach your Line Manager and discuss how your new job is important for your career enhancement. If agreed, your manager will approve your resignation and waive your notice. HR will not contest this approved resignation.
3) Even if your manager does not waive your notice, you may request to adjust it against your paid leave. If approved, HR will adjust your leave in the notice period.
4) In case of leave adjustment, if your notice is completely covered, you can request your relieving letter as per company policy. If there is any recovery amount, you may pay the balance as part of your Full and Final (F&F) settlement. The clause states: Shortfall in the notice period from the employee's side would be recovered from the employee.
5) Remember, company HR cannot force any employee to remain with the company. If an employee cannot stay for a valid reason, they may pay the recovery amount, which needs to be accepted by the company's HR & Finance department.
Hope I could answer your query.
Regards,
Mansi Sharma
From India, Delhi
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1) If you have not received any confirmation and have acknowledged it with your signature, you are still on probation. This means your notice period will be applicable as per the probation terms.
2) Your notice period clause states that you may get the notice waived or adjusted with the Manager's approval. You should approach your Line Manager and discuss how your new job is important for your career enhancement. If agreed, your manager will approve your resignation and waive your notice. HR will not contest this approved resignation.
3) Even if your manager does not waive your notice, you may request to adjust it against your paid leave. If approved, HR will adjust your leave in the notice period.
4) In case of leave adjustment, if your notice is completely covered, you can request your relieving letter as per company policy. If there is any recovery amount, you may pay the balance as part of your Full and Final (F&F) settlement. The clause states: Shortfall in the notice period from the employee's side would be recovered from the employee.
5) Remember, company HR cannot force any employee to remain with the company. If an employee cannot stay for a valid reason, they may pay the recovery amount, which needs to be accepted by the company's HR & Finance department.
Hope I could answer your query.
Regards,
Mansi Sharma
From India, Delhi
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In case an employee has received a confirmation letter stating a three-month notice period, which has been acknowledged, but this information was not included in the Appointment or Offer letter (which consists of two or more pages where the Employer is required to sign or authorize).
From India, Pune
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From India, Pune
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Notice Period and Confirmation Letter
In case the confirmation letter has been given and acknowledged, the notice period of 3 months will be valid, even if it was not mentioned in the appointment letter. This is because the terms and conditions of the appointment/offer letter are subject to change with the company's policies or as mentioned in the addendum.
You could have raised the concern about the notice period before acknowledging the confirmation copy. Once agreed from your end, you may not be able to challenge it. You will need to either serve the notice or adjust it with your earned leave and pay the recovery amount due. You will be relieved once there is no due from your end.
Regards,
Mansi
From India, Delhi
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In case the confirmation letter has been given and acknowledged, the notice period of 3 months will be valid, even if it was not mentioned in the appointment letter. This is because the terms and conditions of the appointment/offer letter are subject to change with the company's policies or as mentioned in the addendum.
You could have raised the concern about the notice period before acknowledging the confirmation copy. Once agreed from your end, you may not be able to challenge it. You will need to either serve the notice or adjust it with your earned leave and pay the recovery amount due. You will be relieved once there is no due from your end.
Regards,
Mansi
From India, Delhi
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Appointment Letter to an Employee for fixed period.doc
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