I'm in a two-month probation period. My probation period is going to end on 31st August 2015. I'm planning to resign on the last day of probation as there is a high level of uncertainty associated with my present job. I've got a government job offer on a contractual basis. Will it be okay to resign on the last day of probation? I wanted to disclose it to my employer, but I have heard stories from my friends that the employer may not release salary. Are there any legal complications as well? Do I have to serve a notice period?
Contractual Obligations
My contract letter states that for termination of service by either party, two months' notice is to be given in writing, which means two months of employment is to be honored. If two months' notice is not given, then two months' severance salary would not be released. If on termination of the contract from either side you do not continue to work or complete assignments, then the salary is not due. No such notice would be required if the services are terminated on grounds of misconduct. Is this applicable for resignation in the probation period as well?
From India, New Delhi
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Contractual Obligations
My contract letter states that for termination of service by either party, two months' notice is to be given in writing, which means two months of employment is to be honored. If two months' notice is not given, then two months' severance salary would not be released. If on termination of the contract from either side you do not continue to work or complete assignments, then the salary is not due. No such notice would be required if the services are terminated on grounds of misconduct. Is this applicable for resignation in the probation period as well?
From India, New Delhi
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I have received no response for my query. However, in my case, I faced no issue in resigning on the last day of probation. I did not have to serve any notice period, and I received my full salary.
Evaluating Your Job During Probation
So I suggest that as the employer decides whether to extend the services of a recruit after the probation period, the recruit should also evaluate whether they want to continue their job after the probation period. Ideally, this evaluation should be done while accepting the job offer. However, if one feels that they are not fit for the role or encounters non-negotiable issues at the workplace during probation, there is no point in continuing that job. Otherwise, it will eventually do more harm to both the employer and the employee in the long run.
From India, New Delhi
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Evaluating Your Job During Probation
So I suggest that as the employer decides whether to extend the services of a recruit after the probation period, the recruit should also evaluate whether they want to continue their job after the probation period. Ideally, this evaluation should be done while accepting the job offer. However, if one feels that they are not fit for the role or encounters non-negotiable issues at the workplace during probation, there is no point in continuing that job. Otherwise, it will eventually do more harm to both the employer and the employee in the long run.
From India, New Delhi
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I am pleased to hear that your resignation concluded on a positive note without any issues arising from the exit clause in your employment contract. In your recent post, you emphasized the importance for probationers to assess a job offer thoroughly before committing, as this evaluation can significantly impact their probation period outcome. However, your message did not address whether you adhered to the exit clause mentioned in your previous post. Can we assume that your employer generously waived the notice requirement entirely, or did you fulfill the notice period by providing the necessary salary?
Thank you.
From India, Salem
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6108Thank you.
From India, Salem
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Exit Terms During Probation Period
No, the terms and conditions regarding exit were binding after the probation period in my case. During probation, there was no obligation on either the employer or the employee if they wanted to terminate their work contract. So, I did not face any problems.
However, I must admit that I have not seen any employer who is kind enough to accept the true reason if someone wants to discontinue. I was willing to tell the true reason for my resignation to my employer, but I learned from my colleagues that it has not been taken in good faith by the employer in the past, and it has ended up in bitter arguments between the employer and the resignee.
From India, New Delhi
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No, the terms and conditions regarding exit were binding after the probation period in my case. During probation, there was no obligation on either the employer or the employee if they wanted to terminate their work contract. So, I did not face any problems.
However, I must admit that I have not seen any employer who is kind enough to accept the true reason if someone wants to discontinue. I was willing to tell the true reason for my resignation to my employer, but I learned from my colleagues that it has not been taken in good faith by the employer in the past, and it has ended up in bitter arguments between the employer and the resignee.
From India, New Delhi
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Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf