Hi, I am working in a company I joined a month ago. I resigned on my 20th day there.
Points to note:
1. There is no probation period (hence, confirmed from day 1).
2. The notice period is 3 months.
3. It has been mentioned that "it will be impermissible for you to waive the shortfall in the notice period by buying the said shortfall period in lieu thereof except with written permission."
As someone who has not worked for even a month before submitting the resignation, a 3-month notice period seems like a big punishment to pay for. Is there any way out of this? Can a company really bind an employee with these kinds of clauses? Please help me out here.
From India, Mumbai
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Points to note:
1. There is no probation period (hence, confirmed from day 1).
2. The notice period is 3 months.
3. It has been mentioned that "it will be impermissible for you to waive the shortfall in the notice period by buying the said shortfall period in lieu thereof except with written permission."
As someone who has not worked for even a month before submitting the resignation, a 3-month notice period seems like a big punishment to pay for. Is there any way out of this? Can a company really bind an employee with these kinds of clauses? Please help me out here.
From India, Mumbai
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Hi, at the time of joining and signing the contract of employment, it is mutually agreed between you and your employer that you will serve a 3-month notice in case of resignation. So obviously, the employer will insist on a 3-month notice. You haven't mentioned why you are leaving your current employer after serving just one month. Considering the short stint with the company, your employer may consider early relieving, as compelling you to serve 3 months would be of no use. Please discuss this with your HR.
General Notice Period Guidelines
In general, when an employee has worked for a considerable time frame, say 2-3 years, insisting on the proper notice period as per the terms and conditions of employment makes sense.
From India, Madras
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1015General Notice Period Guidelines
In general, when an employee has worked for a considerable time frame, say 2-3 years, insisting on the proper notice period as per the terms and conditions of employment makes sense.
From India, Madras
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Understanding Notice Periods Under the Industrial Disputes Act
In the case of employees covered by the Industrial Disputes Act, it is the Act itself, i.e., the ID Act, that determines whether demanding a notice period is legal or not. For other employees, the clauses in the appointment order are the deciding factors. If you were appointed as an officer with functional responsibilities of a manager, not just by designation, then you can stay for three months and be relieved. The fairness of the appointment order should have been questioned before accepting the offer and joining the company. It is common among new-generation employees to read such clauses only when they get another job, which is a mistake.
Implications of Supervisory Roles on Notice Periods
Yes, if you did not have any supervisory role, you can leave without following the notice period clause in the appointment order. According to the ID Act, an employer must give notice or notice pay if they want to terminate an employee. However, it does not mention that an employee or workman should serve a notice period or pay notice pay if they want to quit.
IT Companies and the ID Act
IT companies are also governed by the ID Act. Techies are considered workmen under this Act. What makes it different or prevents them from following the protocol is that they have a robust system where other IT companies can track an employee's background, including their approach towards their manager or employer. Therefore, think twice and decide. After all, any decision involves an element of risk, and the decision you made a month ago may have been wrong, but you cannot blame others for it.
From India, Kannur
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In the case of employees covered by the Industrial Disputes Act, it is the Act itself, i.e., the ID Act, that determines whether demanding a notice period is legal or not. For other employees, the clauses in the appointment order are the deciding factors. If you were appointed as an officer with functional responsibilities of a manager, not just by designation, then you can stay for three months and be relieved. The fairness of the appointment order should have been questioned before accepting the offer and joining the company. It is common among new-generation employees to read such clauses only when they get another job, which is a mistake.
Implications of Supervisory Roles on Notice Periods
Yes, if you did not have any supervisory role, you can leave without following the notice period clause in the appointment order. According to the ID Act, an employer must give notice or notice pay if they want to terminate an employee. However, it does not mention that an employee or workman should serve a notice period or pay notice pay if they want to quit.
IT Companies and the ID Act
IT companies are also governed by the ID Act. Techies are considered workmen under this Act. What makes it different or prevents them from following the protocol is that they have a robust system where other IT companies can track an employee's background, including their approach towards their manager or employer. Therefore, think twice and decide. After all, any decision involves an element of risk, and the decision you made a month ago may have been wrong, but you cannot blame others for it.
From India, Kannur
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Appointment Letter to an Employee for fixed period.doc