I am working for a startup company with a size of 20+ employees since 19th September 2016. I placed my resignation on 11th January 2017 and agreed to serve a notice period of 45 days as stipulated in the termination clause. I recently discovered that there is a probationary clause stating, "termination clause is applicable to probation."
Probationary Period
The Employee shall be on probation for a period of six (6) months from the date of joining. The Company shall be entitled to forthwith terminate the services of the Employee and this Agreement at any time during the probation period. The Company may, at its sole discretion, extend the Employee’s probation period based on the Employee’s performance, conduct, and/or other factors as the company may deem fit. The Employee’s probation period shall not be considered complete unless the Employee’s services are confirmed by the Company in writing by a Letter of Confirmation. The provisions of Clause 10 shall not apply to a termination under this Clause.
Does this mean, legally, I am not obliged to serve the notice period?
From India, Chennai
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Probationary Period
The Employee shall be on probation for a period of six (6) months from the date of joining. The Company shall be entitled to forthwith terminate the services of the Employee and this Agreement at any time during the probation period. The Company may, at its sole discretion, extend the Employee’s probation period based on the Employee’s performance, conduct, and/or other factors as the company may deem fit. The Employee’s probation period shall not be considered complete unless the Employee’s services are confirmed by the Company in writing by a Letter of Confirmation. The provisions of Clause 10 shall not apply to a termination under this Clause.
Does this mean, legally, I am not obliged to serve the notice period?
From India, Chennai
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More details:
My resignation was duly accepted by the management, and I am currently serving my notice period. Clause 10 is the termination clause. Please let me know if seniors would like to review it, and I will post it here.
From India, Chennai
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My resignation was duly accepted by the management, and I am currently serving my notice period. Clause 10 is the termination clause. Please let me know if seniors would like to review it, and I will post it here.
From India, Chennai
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Post your termination clause. Without that we cannot guide you correctly.
From India, Kolkata
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180From India, Kolkata
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Thanks for the quick reply. Below is my termination clause:
Termination
10.1 This Employment Agreement may be terminated by the Company by giving the Employee 45 (forty-five) days' notice in writing or salary in lieu thereof at the sole discretion of the Company.
10.2 Subject to the other provisions of this clause, the Employee may resign from employment by giving the Company 45 (forty-five) days' notice in writing; provided that the Company, at its sole discretion, will have the option to accept the same and relieve the Employee prior to the completion of the stipulated notice period of 45 (forty-five) days, without any pay in lieu of the notice period. For the purpose of this clause, salary shall be the salary last drawn by the Employee and include all components except the employer's contribution to Provident Fund and any compensation linked to performance.
10.3 If at any time, in the opinion of the management of the Company, which shall be final and binding, the Employee is involved in or is accused of or is guilty of dishonesty, negligence, or indiscipline in the discharge of the Employee's duties or of any other conduct, act, or omission considered by the management of the Company to be detrimental to the interests of the Company, or in violation of one or more terms of this Agreement or any terms, policies, guidelines, conditions, or agreements incorporated by reference in this Agreement, the Employee's relationship and employment with the Company shall be liable to be terminated with immediate effect, without any prior notice or payment of salary in lieu thereof.
10.4 Unauthorized absence or absence without permission from duty on the part of the Employee shall entitle the Company to terminate this Agreement forthwith without prejudice to the Company's right available under the applicable laws to initiate legal action against the Employee, including without limitation to recover any damages from the Employee.
10.5 If at any time, in the opinion of the management of the Company, which shall be final and binding, any conduct or act of the Employee, or any allegation in respect thereof, may require any enquiry or investigation, the Company may suspend the Employee with immediate effect pending the enquiry or investigation.
10.6 Upon termination of this Agreement or upon suspension, the Employee shall promptly return all letters of authority, powers of attorney, or Employer's property and material in his/her possession to the Employer.
I am currently serving my notice period since 12th Jan-17, and on 25th Jan-17, I had to leave because of my mother's medical condition. I had already informed HR and the team on the 25th verbally and through email on 1st Feb.
For reasons I have no clue about, and by the time I left the company, I was on very good terms with management, the team, and HR. However, they have sent many emails on 8th Feb claiming I am absconding and on unauthorized absence, and many more disciplinary issues, and have withheld my January salary and previous months' compensations.
If the notice period doesn't apply to me, can I terminate the employment agreement and still get my due salary and compensations?
From India, Chennai
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Termination
10.1 This Employment Agreement may be terminated by the Company by giving the Employee 45 (forty-five) days' notice in writing or salary in lieu thereof at the sole discretion of the Company.
10.2 Subject to the other provisions of this clause, the Employee may resign from employment by giving the Company 45 (forty-five) days' notice in writing; provided that the Company, at its sole discretion, will have the option to accept the same and relieve the Employee prior to the completion of the stipulated notice period of 45 (forty-five) days, without any pay in lieu of the notice period. For the purpose of this clause, salary shall be the salary last drawn by the Employee and include all components except the employer's contribution to Provident Fund and any compensation linked to performance.
10.3 If at any time, in the opinion of the management of the Company, which shall be final and binding, the Employee is involved in or is accused of or is guilty of dishonesty, negligence, or indiscipline in the discharge of the Employee's duties or of any other conduct, act, or omission considered by the management of the Company to be detrimental to the interests of the Company, or in violation of one or more terms of this Agreement or any terms, policies, guidelines, conditions, or agreements incorporated by reference in this Agreement, the Employee's relationship and employment with the Company shall be liable to be terminated with immediate effect, without any prior notice or payment of salary in lieu thereof.
10.4 Unauthorized absence or absence without permission from duty on the part of the Employee shall entitle the Company to terminate this Agreement forthwith without prejudice to the Company's right available under the applicable laws to initiate legal action against the Employee, including without limitation to recover any damages from the Employee.
10.5 If at any time, in the opinion of the management of the Company, which shall be final and binding, any conduct or act of the Employee, or any allegation in respect thereof, may require any enquiry or investigation, the Company may suspend the Employee with immediate effect pending the enquiry or investigation.
10.6 Upon termination of this Agreement or upon suspension, the Employee shall promptly return all letters of authority, powers of attorney, or Employer's property and material in his/her possession to the Employer.
I am currently serving my notice period since 12th Jan-17, and on 25th Jan-17, I had to leave because of my mother's medical condition. I had already informed HR and the team on the 25th verbally and through email on 1st Feb.
For reasons I have no clue about, and by the time I left the company, I was on very good terms with management, the team, and HR. However, they have sent many emails on 8th Feb claiming I am absconding and on unauthorized absence, and many more disciplinary issues, and have withheld my January salary and previous months' compensations.
If the notice period doesn't apply to me, can I terminate the employment agreement and still get my due salary and compensations?
From India, Chennai
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Sorry to say, but they have intelligently limited the non-applicability of clause 10 to termination and not resignation during probation. Read this carefully: "The provisions of Clause 10 shall not apply to a termination under this Clause." So you are not exempted.
But if your mother's condition was so severe that no reasonable individual could have attended the job-related duties, then they cannot charge you for that. However, you are under contractual obligation to serve the period.
From India, Kolkata
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But if your mother's condition was so severe that no reasonable individual could have attended the job-related duties, then they cannot charge you for that. However, you are under contractual obligation to serve the period.
From India, Kolkata
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