Hi, I am working with a manufacturing company in India since July 2022 and am currently on probation until December 2022. I resigned due to bad management and received a better offer from another company. When I submitted my resignation, I was asked to serve a notice period of 3 months.
Notice Period Clause During Probation
The offer letter states a clause regarding the notice period during probation as follows: On joining the company, you shall be on probation for six months from the date of joining. The period of probation may be extended at the discretion of the company for such period or periods as may be deemed fit. You will continue to be on probation until confirmed in writing otherwise. During the probation period, your employment may be terminated by giving 30 days’ notice from the company, and you are also at liberty to resign by giving 90 days' physical working days as the notice period in writing. You are not allowed to take any leave during the notice period. If leave is taken, the notice period will be extended based on the number of days of leave taken.
Concerns and Queries
1. What should I do if they are not agreeing to anything else?
2. What will happen if I stop working in the organization forcefully within one month by handing over all the assets I have?
3. Will they file any complaints against me and hinder my career in the future?
4. Is a 3-month notice period legally valid during the probation period?
Kindly assist me with your valuable advice on the above concerns.
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Notice Period Clause During Probation
The offer letter states a clause regarding the notice period during probation as follows: On joining the company, you shall be on probation for six months from the date of joining. The period of probation may be extended at the discretion of the company for such period or periods as may be deemed fit. You will continue to be on probation until confirmed in writing otherwise. During the probation period, your employment may be terminated by giving 30 days’ notice from the company, and you are also at liberty to resign by giving 90 days' physical working days as the notice period in writing. You are not allowed to take any leave during the notice period. If leave is taken, the notice period will be extended based on the number of days of leave taken.
Concerns and Queries
1. What should I do if they are not agreeing to anything else?
2. What will happen if I stop working in the organization forcefully within one month by handing over all the assets I have?
3. Will they file any complaints against me and hinder my career in the future?
4. Is a 3-month notice period legally valid during the probation period?
Kindly assist me with your valuable advice on the above concerns.
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In your appointment letter, the company has very clearly stated that you are required to give a 90-day notice period during the probation period; therefore, it is binding on you.
Point-wise Reply to Your Concerns
1. What should I do as they are not agreeing to anything else?
You need to serve the full notice period and ensure a smooth exit.
2. What will happen if I forcefully stop working in that organization in one month by handing over all the assets I have?
Your Background Verification (BGV) will have a negative impact.
3. Will they file any complaints against me and affect my career throughout my life?
If the company desires, they can take legal action against you.
4. Is a 3-month notice period legally valid during the probation period?
The length of the notice period is at the discretion of your company. Therefore, it is legally valid.
From India, Aizawl
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651Point-wise Reply to Your Concerns
1. What should I do as they are not agreeing to anything else?
You need to serve the full notice period and ensure a smooth exit.
2. What will happen if I forcefully stop working in that organization in one month by handing over all the assets I have?
Your Background Verification (BGV) will have a negative impact.
3. Will they file any complaints against me and affect my career throughout my life?
If the company desires, they can take legal action against you.
4. Is a 3-month notice period legally valid during the probation period?
The length of the notice period is at the discretion of your company. Therefore, it is legally valid.
From India, Aizawl
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Hi, when the company has the option of terminating you with 30 days' notice, the employee should also be given the same amount of time for resignation. This is unfair. At the time of joining, you wouldn't have accepted it. If you leave without informing them, they will terminate your services and close the file. You will not be able to include this experience in your profile. In the future, in case of any background verification, this company may provide negative feedback. To avoid the above situation, please negotiate with the employer on the notice period and try to resolve it amicably.
From India, Madras
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From India, Madras
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Withdrawl of Resignation and Notice period.doc
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