Dear All,
I have joined a company one month ago and have tendered my resignation recently. Currently, I am in the probation period since I joined the company last month. As per the contract, I can pay one month's basic pay to the employer and terminate my service.
Moreover, I haven't received or undergone any business/project-related functional KT.
According to the contract/deal, we have:
"1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of the probation period, you will be confirmed in the services of the company."
"4. During the probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, the notice period for severance will be three months on either side or salary in lieu thereof. Salary for the purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."
Now, I do not want to serve the notice period and I am asking them to deduct one month's basic pay from the current month's salary plus any other charges as applicable, as per the contract. I have also asked them to inform me if any mode of payment is required.
However, the HR is refusing to release me immediately and is asking me to serve the one month's notice period, or they will take legal actions against me. I have requested them to abide by the contract/deal I signed at the time of joining with the employer, but the HR is behaving very arrogantly and ignoring my request.
I do not need the relieving letter; I just want to know if there is anything they can do legally in this case.
Thanks in Advance for all your valuable inputs.
Harish
From India, Madras
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I have joined a company one month ago and have tendered my resignation recently. Currently, I am in the probation period since I joined the company last month. As per the contract, I can pay one month's basic pay to the employer and terminate my service.
Moreover, I haven't received or undergone any business/project-related functional KT.
According to the contract/deal, we have:
"1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of the probation period, you will be confirmed in the services of the company."
"4. During the probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, the notice period for severance will be three months on either side or salary in lieu thereof. Salary for the purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."
Now, I do not want to serve the notice period and I am asking them to deduct one month's basic pay from the current month's salary plus any other charges as applicable, as per the contract. I have also asked them to inform me if any mode of payment is required.
However, the HR is refusing to release me immediately and is asking me to serve the one month's notice period, or they will take legal actions against me. I have requested them to abide by the contract/deal I signed at the time of joining with the employer, but the HR is behaving very arrogantly and ignoring my request.
I do not need the relieving letter; I just want to know if there is anything they can do legally in this case.
Thanks in Advance for all your valuable inputs.
Harish
From India, Madras
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Point number 4 very clearly states that during the probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. Therefore, you can also tell them that legal action can be taken only when you are not paying the salary nor giving the notice period. Since you are ready to pay the amount and also are not yet confirmed, thereby it is incorrect on their part to do the same. In case you do not get your relieving letter, a copy of the resignation letter can also suffice.
All the best
From India, Mumbai
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2All the best
From India, Mumbai
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Dear Harish,
Don't make any drastic decisions that could harm your career. As per point number 4, it clearly states that you will be relieved by serving the one-month notice period or paying notice pay only if the management agrees.
It's important to consider the situation from the management's perspective as well. If you are a crucial resource, then the position needs to be filled to ensure the work continues. Ultimately, it is your decision whether or not to serve the one-month notice period, regardless of the reasons for your choice.
If you wish to be released immediately, my suggestion is to try to discuss this with HR. In the worst-case scenario, which I don't recommend, would be to quit without any notice. However, keep in mind that such a short period of work may not benefit you in any way even if shown.
All the best.
From India, Hyderabad
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Don't make any drastic decisions that could harm your career. As per point number 4, it clearly states that you will be relieved by serving the one-month notice period or paying notice pay only if the management agrees.
It's important to consider the situation from the management's perspective as well. If you are a crucial resource, then the position needs to be filled to ensure the work continues. Ultimately, it is your decision whether or not to serve the one-month notice period, regardless of the reasons for your choice.
If you wish to be released immediately, my suggestion is to try to discuss this with HR. In the worst-case scenario, which I don't recommend, would be to quit without any notice. However, keep in mind that such a short period of work may not benefit you in any way even if shown.
All the best.
From India, Hyderabad
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Legal Clarification on Severance Dues & Probation Period.PDF
Legal Notice for Breach of Notice Period .docx
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