Sir,
I'm working in a PSB but not yet confirmed, and I'm under probation. Recently, I got an offer from another company for which I'm willing to move. At the time of joining, I was required to deposit a security fund, which will be forfeited if I resign or get terminated during probation. Upon my resignation, my employer is insisting that I serve a notice period of 3 months along with the forfeiture of the security fund. This requirement was not clearly mentioned anywhere in my appointment letter.
1. Is an employee supposed to serve notice even before confirmation or during probation?
2. Is it permissible under Indian labor laws to require compliance with a notice period along with the forfeiture of funds?
3. If a security fund is in place, why should an employee be required to serve a notice period again?
Kindly suggest suitable answers.
From India, Hyderabad
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I'm working in a PSB but not yet confirmed, and I'm under probation. Recently, I got an offer from another company for which I'm willing to move. At the time of joining, I was required to deposit a security fund, which will be forfeited if I resign or get terminated during probation. Upon my resignation, my employer is insisting that I serve a notice period of 3 months along with the forfeiture of the security fund. This requirement was not clearly mentioned anywhere in my appointment letter.
1. Is an employee supposed to serve notice even before confirmation or during probation?
2. Is it permissible under Indian labor laws to require compliance with a notice period along with the forfeiture of funds?
3. If a security fund is in place, why should an employee be required to serve a notice period again?
Kindly suggest suitable answers.
From India, Hyderabad
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Please read your offer letter twice. If nothing is mentioned regarding the notice period during probation, you need not serve it. Please talk to HR regarding the same and inform them that you are unable to serve the notice and ready to compromise on your security deposit. Are you a manager or a worker?
From India, Pune
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109From India, Pune
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How to Handle an Employee Resignation.doc