One of my friends has worked in an organization for 5 months and 25 days, and the probationary period in that company is 6 months. Following are the amendments that the organization has in the appointment letter:
a) They can terminate the employee if the services are not satisfactory during the probation period.
b) If the employee has submitted his resignation during the probation or permanent employment, he/she has to serve a 3-month notice or pay the equivalent amount.
Here is my question: my friend has submitted his resignation during the probation period, and the organization has relieved him within 7 days. Since he was not given an opportunity to serve the notice period, we would like to request the 3 months' salary from them.
Please let me know if I am correct.
From India, Chennai
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a) They can terminate the employee if the services are not satisfactory during the probation period.
b) If the employee has submitted his resignation during the probation or permanent employment, he/she has to serve a 3-month notice or pay the equivalent amount.
Here is my question: my friend has submitted his resignation during the probation period, and the organization has relieved him within 7 days. Since he was not given an opportunity to serve the notice period, we would like to request the 3 months' salary from them.
Please let me know if I am correct.
From India, Chennai
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Dear Suja,
First, it is not mentioned in your post whether the resignation was to be effective from a future date, including the notice period as per your friend's resignation letter. Second, it is also not known whether the management formally waived the notice period before actually relieving him after accepting his resignation.
Anyway, when an employee submits his resignation effective from a future date which includes the entire period of notice, he impliedly expresses his willingness to serve the notice period. But accepting his resignation, if the employer relieves him forthwith either with or without a formal waiver of the notice period, it amounts to a counteroffer which would certainly require the employee's acceptance.
Therefore, certainly, the employee has an irrefutable stake for the notice period salary from the employer.
From India, Salem
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6108First, it is not mentioned in your post whether the resignation was to be effective from a future date, including the notice period as per your friend's resignation letter. Second, it is also not known whether the management formally waived the notice period before actually relieving him after accepting his resignation.
Anyway, when an employee submits his resignation effective from a future date which includes the entire period of notice, he impliedly expresses his willingness to serve the notice period. But accepting his resignation, if the employer relieves him forthwith either with or without a formal waiver of the notice period, it amounts to a counteroffer which would certainly require the employee's acceptance.
Therefore, certainly, the employee has an irrefutable stake for the notice period salary from the employer.
From India, Salem
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Hi Sir, I am glad that you have responded to my query. He has put down his papers on Aug 3rd and supposed to get relieved on Nov 3rd, 2017. After a discussion with his reporting manager about the resignation on Aug 11th, 2017, that organization immediately sent an email saying that he has been relieved from his duties. When he checked with the HR manager, he stated that since he had not completed the probationary period, it is not mandatory for the organization to pay him.
However, I have gone through the appointment letter, and below are the two amendments which detail Resignation and Termination. Here, the employee has resigned himself:
1) You will be on a probationary period for the first 6 months from the date of joining the company. If your service is not found satisfactory during the probation period, the company reserves the right to extend the notice period or terminate without any notice.
2) In the event that you decide to leave the company (during or after probation), you will be required to give 3 months' notice of resignation to the company or pay the company 3 months' salary.
Thanks, SYED
From India, Chennai
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However, I have gone through the appointment letter, and below are the two amendments which detail Resignation and Termination. Here, the employee has resigned himself:
1) You will be on a probationary period for the first 6 months from the date of joining the company. If your service is not found satisfactory during the probation period, the company reserves the right to extend the notice period or terminate without any notice.
2) In the event that you decide to leave the company (during or after probation), you will be required to give 3 months' notice of resignation to the company or pay the company 3 months' salary.
Thanks, SYED
From India, Chennai
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Sorry Sujad, From the clauses you mention in your reply it is clear that employer has no liability to pay anything.
From India, Pune
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From India, Pune
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Anket,
One question, when an employee wants to resign, they are intended to serve the notice period. However, when a company wants to terminate or relieve an employee with or without any reason during the probationary period, they have all the rights. Where is the employee integrity here? I understand that the employee has signed the appointment letter, but I am still not convinced about the employee integrity part here. It looks like the employer has made amendments as per their wish, due to which the employee integrity is in question.
From India, Chennai
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One question, when an employee wants to resign, they are intended to serve the notice period. However, when a company wants to terminate or relieve an employee with or without any reason during the probationary period, they have all the rights. Where is the employee integrity here? I understand that the employee has signed the appointment letter, but I am still not convinced about the employee integrity part here. It looks like the employer has made amendments as per their wish, due to which the employee integrity is in question.
From India, Chennai
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It may seem unfair.
But,
1. The company didn't terminate your friend; he himself resigned. Now, your friend may be ready to serve the notice period, but the company doesn't want him to and relieved him early. It's a favor that the company did.
2. Can't you see the clause is for the candidate and not for the company? Your friend signed it; that's it. My answer is still the same. I don't understand why the company will spend the time training the staff who is new and about to leave in three months, also paying him. God bless such a company.
I request seniors to shed some light on the topic.
From India, Pune
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But,
1. The company didn't terminate your friend; he himself resigned. Now, your friend may be ready to serve the notice period, but the company doesn't want him to and relieved him early. It's a favor that the company did.
2. Can't you see the clause is for the candidate and not for the company? Your friend signed it; that's it. My answer is still the same. I don't understand why the company will spend the time training the staff who is new and about to leave in three months, also paying him. God bless such a company.
I request seniors to shed some light on the topic.
From India, Pune
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