I have been working with a CMM5 company for the last 2.5 months. As per my offer letter, an employee is on probation for 6 months before being confirmed. From the day of my joining, my manager made me work late nights and on weekends. The last 2.5 months have been without personal life, and it was a stressful period. Today, on 15th Feb 2017, I resigned, and I was told by HR that I have to serve a notice period of 30 days. I want to understand what I can do to get released as I don’t want to work here anymore. Kindly help.
From India, Delhi
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From India, Delhi
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If there is a clause in the offer later regarding notice period/ pay, then you have to either serve the notice period or pay in lieu thereof.
From India, Kolkata
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247From India, Kolkata
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In the appointment letter, it is mentioned that the probation period will be for 6 months, and there is also a clause for a notice period of 3 months from either side. However, in the notice period clause, it is not mentioned whether it is applicable after the completion of probation or during probation as well.
From India, Delhi
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From India, Delhi
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Understanding Probation and Notice Periods
I do not think labor laws would allow you to pay back your employer in lieu of working during the notice period while you are on probation. On the other hand, the employer does have both options. The probation period is generally a challenging time to gauge an employee's temperament and ability to deal with a tough manager and challenging deadlines.
I think it's not the right time to guide what you should do during such a period, knowing that you have already resigned. If your manager is not the supreme authority of the company, you should speak with Human Resources and the next-line management about the situation. You should express that you still want to work for them and explain what led you to make such a harsh decision, which is not beneficial for either you or them since they have already invested in you.
Let's hope things work out. If not, feel free to file a case of harassment against your manager with prima facie evidence since you might not be going back to them for a reference check. Am I right?
Best wishes!
From India, New Delhi
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I do not think labor laws would allow you to pay back your employer in lieu of working during the notice period while you are on probation. On the other hand, the employer does have both options. The probation period is generally a challenging time to gauge an employee's temperament and ability to deal with a tough manager and challenging deadlines.
I think it's not the right time to guide what you should do during such a period, knowing that you have already resigned. If your manager is not the supreme authority of the company, you should speak with Human Resources and the next-line management about the situation. You should express that you still want to work for them and explain what led you to make such a harsh decision, which is not beneficial for either you or them since they have already invested in you.
Let's hope things work out. If not, feel free to file a case of harassment against your manager with prima facie evidence since you might not be going back to them for a reference check. Am I right?
Best wishes!
From India, New Delhi
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Thank you, RAAJESHARYA,
As per my discussion with HR, I need to serve a notice period of 3 months, even if I am on probation. According to them, there is no solution. As I stated, I don't want to work as I am literally stressed working here. I just want to leave and get some space for myself and my family. I am also concerned if there will be any legal implications to this.
Please advise. Many thanks!
From India, Delhi
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As per my discussion with HR, I need to serve a notice period of 3 months, even if I am on probation. According to them, there is no solution. As I stated, I don't want to work as I am literally stressed working here. I just want to leave and get some space for myself and my family. I am also concerned if there will be any legal implications to this.
Please advise. Many thanks!
From India, Delhi
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If you do not serve the notice period nor pay the notice pay, the company may try to recover the notice pay through litigation. However, from my experience, very few companies go for litigation as it involves time and legal costs. If your salary is not very high, then one might have to spend more on litigation costs than the amount of notice pay.
From India, Kolkata
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From India, Kolkata
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Addressing Harassment and Overwork Issues
Please write to the HR Department informing them about the situation and alerting them that you will be filing a harassment case, following the process outlined in the HR manual if the work conditions are not improved. Send a copy of the letter to the Managing Director or the CEO.
You should have proof of extra hours and weekend work hours that would allow you to claim compensation from your company. Collect all the evidence and file a complaint at :: Grievance Registration Form ::.
Regards
From India, New Delhi
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Please write to the HR Department informing them about the situation and alerting them that you will be filing a harassment case, following the process outlined in the HR manual if the work conditions are not improved. Send a copy of the letter to the Managing Director or the CEO.
You should have proof of extra hours and weekend work hours that would allow you to claim compensation from your company. Collect all the evidence and file a complaint at :: Grievance Registration Form ::.
Regards
From India, New Delhi
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Appointment Letter to an Employee for fixed period.doc
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