Hello All, I have a general query. If an employee resigns within the probation period and does not serve the notice period, what are the legal implications in this case considering the clauses mentioned in the offer/appointment letter?
Clauses in the Offer/Appointment Letter
- 3 months probation: Resigning during probation requires serving a one-month notice period.
- Resignation after confirmation: One has to serve 2 months' notice or salary in lieu thereof.
Under these clauses, what actions can the employer and employee take?
From India, Madras
Acknowledge(0)
Amend(0)
Clauses in the Offer/Appointment Letter
- 3 months probation: Resigning during probation requires serving a one-month notice period.
- Resignation after confirmation: One has to serve 2 months' notice or salary in lieu thereof.
Under these clauses, what actions can the employer and employee take?
From India, Madras
Acknowledge(0)Amend(0)
Resignation During Probation Period
In the case of resignation during the probation period, if an employee has to serve a one-month notice period according to their offer/appointment letter, they must serve the notice period. Otherwise, the company can deduct the amount for the notice period.
Resignation After Confirmation
Similarly, when an employee resigns after confirmation, they must serve a two-month notice period, or the company can deduct the amount for the notice period. If there is no salary pending for recovering the amount, the company can pursue legal action if required.
Regards,
Vidhu
From India, Delhi
Acknowledge(0)Amend(0)
2In the case of resignation during the probation period, if an employee has to serve a one-month notice period according to their offer/appointment letter, they must serve the notice period. Otherwise, the company can deduct the amount for the notice period.
Resignation After Confirmation
Similarly, when an employee resigns after confirmation, they must serve a two-month notice period, or the company can deduct the amount for the notice period. If there is no salary pending for recovering the amount, the company can pursue legal action if required.
Regards,
Vidhu
From India, Delhi
Acknowledge(0)Amend(0)
Generally, in most cases, the employee absconds and keeps a low profile. In the IT setup, there are many companies willing to buy back the entire notice period as well.
Blacklisting and Dual Employment
The present company can blacklist this employee, and if they can trace his new employer, a mail can be sent to the HR. This would also be a case of dual employment, wherein the person has not been terminated from his current employment in the organization.
Legal Recourse
Taking legal recourse is the right thing to do, but it would involve a lot of time and effort. In most cases, companies would prefer to avoid such legal hassles.
From India, Pune
Acknowledge(0)Amend(0)
Blacklisting and Dual Employment
The present company can blacklist this employee, and if they can trace his new employer, a mail can be sent to the HR. This would also be a case of dual employment, wherein the person has not been terminated from his current employment in the organization.
Legal Recourse
Taking legal recourse is the right thing to do, but it would involve a lot of time and effort. In most cases, companies would prefer to avoid such legal hassles.
From India, Pune
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Withdrawl of Resignation and Notice period.doc
Legal Clarification on Severance Dues & Probation Period.PDF