I joined my current company 3 months ago, and I am in my probation period. I want to resign. In the offer letter, they mentioned the following:
1.2 The Company may, at its sole discretion, extend the period of probation for such a further period as it deems fit, or it may terminate the employee before the completion of the period with or without cause upon written notice of thirty (30) days or pay in lieu thereof.
Regarding termination: Subject to clause 1.2, either party can terminate with a notice period of 2 months.
Why is the company giving 30 days of notice? What if I need to resign? Why should I serve 2 months? Would they allow me to serve 30 days?
From India, Chennai
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1.2 The Company may, at its sole discretion, extend the period of probation for such a further period as it deems fit, or it may terminate the employee before the completion of the period with or without cause upon written notice of thirty (30) days or pay in lieu thereof.
Regarding termination: Subject to clause 1.2, either party can terminate with a notice period of 2 months.
Why is the company giving 30 days of notice? What if I need to resign? Why should I serve 2 months? Would they allow me to serve 30 days?
From India, Chennai
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The poster should have raised this question before accepting the offer or before joining the service.
If we analyze paragraph 1.2 and the termination clause in juxtaposition, we have to understand and accept that both are different in their operations. Paragraph 1.2 is specific about the notice condition to be complied with by the employer if he terminates the service of the probationer instead of extending his probation period, whereas the termination mentioned subsequently pertains to the notice condition of unilateral termination of the contract anytime after probation. In other words, the employee has no choice of terminating the contract of employment on his own during the period of probation, and in case he desires to do so, he has to comply with a two months' notice clause applicable to termination in general.
Why this inequality can be a pertinent question
But it should have been raised before accepting the offer or joining the services, as I mentioned at the outset. The employer can argue that the purpose of appointment is not firing afterward, and the period of probation is only a phase of orientation to make the new recruit adaptive to the work culture of the organization. It is the responsibility of the probationer to complete it successfully, at least with extension, and termination at this stage is only an inevitable alternative to the employer when his performance is beyond any redemption.
Anyway, my personal view is that it should also be of equal duration to both the employer and the employee in respect of unilateral exit even during probation.
From India, Salem
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6108If we analyze paragraph 1.2 and the termination clause in juxtaposition, we have to understand and accept that both are different in their operations. Paragraph 1.2 is specific about the notice condition to be complied with by the employer if he terminates the service of the probationer instead of extending his probation period, whereas the termination mentioned subsequently pertains to the notice condition of unilateral termination of the contract anytime after probation. In other words, the employee has no choice of terminating the contract of employment on his own during the period of probation, and in case he desires to do so, he has to comply with a two months' notice clause applicable to termination in general.
Why this inequality can be a pertinent question
But it should have been raised before accepting the offer or joining the services, as I mentioned at the outset. The employer can argue that the purpose of appointment is not firing afterward, and the period of probation is only a phase of orientation to make the new recruit adaptive to the work culture of the organization. It is the responsibility of the probationer to complete it successfully, at least with extension, and termination at this stage is only an inevitable alternative to the employer when his performance is beyond any redemption.
Anyway, my personal view is that it should also be of equal duration to both the employer and the employee in respect of unilateral exit even during probation.
From India, Salem
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Your question is valid, and for you, the notice period is 30 days. The employer is wrong to ask for 60 days' notice because, as per the terms of your appointment, you only need to give 30 days. It would be advisable for you to send a notice from a lawyer to settle the matter in a legal way.
From India, Mumbai
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From India, Mumbai
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