I am forced to serve a 3-month notice during the probation period.
IT Company is forcing me to serve a 3-month notice period from the date of resignation. Please help!
Summary:
Probation Period: 6 Months
Joining Date: 2nd Sept 2020
Resignation Date: 24th Dec 2020
Contract Details:
Statement 1:
As a full-time employee, you will be entitled to regular company benefits that include a provident fund, paid annual leave, and medical coverage. As a new employee, you will be on probation for a period of 6 months following your date of joining to ensure that both you and <<hidden name>> Pvt. Ltd are satisfied with a permanent commitment. Your suitability in terms of roles, responsibilities, and accountabilities will be assessed after the completion of the probation period. During the probation period, in case of unsatisfactory performance, <<hidden name>> Pvt. Ltd retains the right to terminate employment with one month's notice or payment of salary in lieu thereof.
Statement 2:
Your employment with <<hidden name>> Pvt. Ltd. can be terminated by either party giving notice to the other party three months in advance or three months' gross salary as payment in lieu of the notice. For less than a three-month notice period, <<hidden name>> Pvt. Ltd reserves the right to withhold payment equivalent to the duration of the notice period not fulfilled by the employee.
<<hidden name>> Pvt. Ltd may at any point terminate this contract of employment without the need for any period of notice in any of the following events:
1. You are found guilty of committing a breach of any of the conditions of employment or the rules and regulations of the organization.
2. You are convicted of a criminal offense by a competent court of law/authority.
3. If you misbehave, disobey, or refuse to carry out the work orders of your superior management or are irregular in attendance.
4. You commit any other act of dishonesty, or any act of impropriety which, in <<hidden name>> Pvt. Ltd's opinion, is likely to bring <<hidden name>> Pvt. Ltd or any other related company into ridicule or disrespect of the public or any person, or otherwise damage the reputation of <<hidden name>> Pvt. Ltd or any other related company.
5. You are absent without express approval and advance notice for a period of more than 1 week (5 working days). In such a case, you will be considered to have resigned without notice, and <<hidden name>> Pvt. Ltd reserves the right to take appropriate action against you, including, but not limited to, legal remedy and/or withholding of salary and other dues.
You will abide by the rules and regulations of the company which are in force for the time being and/or which may be framed from time to time. Any dispute arising out of this employment shall be referred to the legal jurisdiction of Pune courts only.
Please help!
From India
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IT Company is forcing me to serve a 3-month notice period from the date of resignation. Please help!
Summary:
Probation Period: 6 Months
Joining Date: 2nd Sept 2020
Resignation Date: 24th Dec 2020
Contract Details:
Statement 1:
As a full-time employee, you will be entitled to regular company benefits that include a provident fund, paid annual leave, and medical coverage. As a new employee, you will be on probation for a period of 6 months following your date of joining to ensure that both you and <<hidden name>> Pvt. Ltd are satisfied with a permanent commitment. Your suitability in terms of roles, responsibilities, and accountabilities will be assessed after the completion of the probation period. During the probation period, in case of unsatisfactory performance, <<hidden name>> Pvt. Ltd retains the right to terminate employment with one month's notice or payment of salary in lieu thereof.
Statement 2:
Your employment with <<hidden name>> Pvt. Ltd. can be terminated by either party giving notice to the other party three months in advance or three months' gross salary as payment in lieu of the notice. For less than a three-month notice period, <<hidden name>> Pvt. Ltd reserves the right to withhold payment equivalent to the duration of the notice period not fulfilled by the employee.
<<hidden name>> Pvt. Ltd may at any point terminate this contract of employment without the need for any period of notice in any of the following events:
1. You are found guilty of committing a breach of any of the conditions of employment or the rules and regulations of the organization.
2. You are convicted of a criminal offense by a competent court of law/authority.
3. If you misbehave, disobey, or refuse to carry out the work orders of your superior management or are irregular in attendance.
4. You commit any other act of dishonesty, or any act of impropriety which, in <<hidden name>> Pvt. Ltd's opinion, is likely to bring <<hidden name>> Pvt. Ltd or any other related company into ridicule or disrespect of the public or any person, or otherwise damage the reputation of <<hidden name>> Pvt. Ltd or any other related company.
5. You are absent without express approval and advance notice for a period of more than 1 week (5 working days). In such a case, you will be considered to have resigned without notice, and <<hidden name>> Pvt. Ltd reserves the right to take appropriate action against you, including, but not limited to, legal remedy and/or withholding of salary and other dues.
You will abide by the rules and regulations of the company which are in force for the time being and/or which may be framed from time to time. Any dispute arising out of this employment shall be referred to the legal jurisdiction of Pune courts only.
Please help!
From India
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Having unconditionally accepted the terms of the offer of appointment, one is bound by it and cannot turn back on whatever term is unacceptable. The organization has spent considerable time, energy, and work hours to recruit you, and it would again require such efforts in six months to find your substitute and train them to the desired level. Though a three-month notice period during the probation period is very much on the higher side, considering the nature of the software industry, it cannot be termed unjustified. You may approach the higher officials and seek a suitable reduction in the notice period on genuine grounds.
From India, Mumbai
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1593From India, Mumbai
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Termination and Notice Period
Statement 2 states that either party may terminate the contract by giving three months' notice or three months' gross salary. You may write to your company quoting this in your letter. In the case of unsatisfactory performance, your service may be terminated during probation by giving one month's salary. This is considered unilateral and unfair.
You write to the company asking for early relief and offering three months' salary.
From India, Chennai
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Statement 2 states that either party may terminate the contract by giving three months' notice or three months' gross salary. You may write to your company quoting this in your letter. In the case of unsatisfactory performance, your service may be terminated during probation by giving one month's salary. This is considered unilateral and unfair.
You write to the company asking for early relief and offering three months' salary.
From India, Chennai
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Notice Period Issue.zip
Appointment Letter to an Employee for fixed period.doc
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