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?
As per 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
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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?
As per 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
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In case of resignation during the probation period, if an employee has to serve a one-month notice period according to his offer/appointment letter, he has to serve the notice period. Otherwise, the company can deduct the amount for his notice period.
Similarly, in the case where an employee resigns after confirmation, he has to serve a two-month notice period, or the company can deduct the amount for his notice period. If there is no salary pending for recovering the amount, the company can move legally if required.
Regards,
Vidhu
From India, Delhi
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2Similarly, in the case where an employee resigns after confirmation, he has to serve a two-month notice period, or the company can deduct the amount for his notice period. If there is no salary pending for recovering the amount, the company can move legally if required.
Regards,
Vidhu
From India, Delhi
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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.
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.
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
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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.
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
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Withdrawl of Resignation and Notice period.doc
Legal Clarification on Severance Dues & Probation Period.PDF