Originally Posted by priyassw
hi,
i am facing a very serious problem.i was working with one of the stock images company.i was on probation of 6 months but due to some serious issue i had to resign within 3 months.i went on leave from 29th december 2012 till 2nd january 2012 but later i could not go but i was keeping my company informed through mail.later on 4th january 2012 i mailed my resignation.on which they did not replied for long then again i mailed resignation on 14th january 2012 on which they replied they will not give my salary of december as i did not served notice period.on contrary they did not mentioned rules and policies of company in my appointment letter but there was a clause mentioned that you will be governed by the company policies.even when i mailed them resignation they never informed me about the notice period to be served.as i was o9n probation i dont think i was required to serve any notice period.pls reply soon.
thnx
Definitely you are right... during your probation there is no requirement to serve the notice from the both parties ie. employee & employer. One more thing which you told that same was not mentioned at your appointment letter, is important factor to keep your words before the management.
thanx..
manish rai
From India, Allahabad
hi,
i am facing a very serious problem.i was working with one of the stock images company.i was on probation of 6 months but due to some serious issue i had to resign within 3 months.i went on leave from 29th december 2012 till 2nd january 2012 but later i could not go but i was keeping my company informed through mail.later on 4th january 2012 i mailed my resignation.on which they did not replied for long then again i mailed resignation on 14th january 2012 on which they replied they will not give my salary of december as i did not served notice period.on contrary they did not mentioned rules and policies of company in my appointment letter but there was a clause mentioned that you will be governed by the company policies.even when i mailed them resignation they never informed me about the notice period to be served.as i was o9n probation i dont think i was required to serve any notice period.pls reply soon.
thnx
Definitely you are right... during your probation there is no requirement to serve the notice from the both parties ie. employee & employer. One more thing which you told that same was not mentioned at your appointment letter, is important factor to keep your words before the management.
thanx..
manish rai
From India, Allahabad
It is not a rule that notice period is not required during probation. It depends on the policy of the company. If you wanted to serve notice period, you would have called HR before submitting your resignation, explaining to them your situation and asking them what would be the procedure for resignation and what notice period is to be served.
You have instead sent a resignation letter at the end of the leave period.
I have seen many cases like this. Sorry, but i do not believe that you did it with the right intention. And believe me, your former company HR team thinks the same way.
Its a question of how you do things that decides the reaction of the company.
In the normal course, the HR dept would have told you how many days you need to serve, or would have allowed you to leave after deducting notice pay. All you had to do is take it up personally or at least speak to the concerned manager on phone.
We had such a case recently. The guy was on unapproved leave, then did not rejoin on time, after expension also he came for 1 day expecting to take his salary and vanish the next day.
From India, Mumbai
2392You have instead sent a resignation letter at the end of the leave period.
I have seen many cases like this. Sorry, but i do not believe that you did it with the right intention. And believe me, your former company HR team thinks the same way.
Its a question of how you do things that decides the reaction of the company.
In the normal course, the HR dept would have told you how many days you need to serve, or would have allowed you to leave after deducting notice pay. All you had to do is take it up personally or at least speak to the concerned manager on phone.
We had such a case recently. The guy was on unapproved leave, then did not rejoin on time, after expension also he came for 1 day expecting to take his salary and vanish the next day.
From India, Mumbai
Dear Priya,
Usually, there is some period of notice which needs to be served even during the probation period. This may be lesser than confirmed employees. As an employee, you are governed by the current policies of the company, irrespective of whether you have access to the policies or not. I suggest, the best thing to do is to have a talk with your HR and seniors and sort it out in an amicable manner.
I would dissuade you from taking the legal route, as it will be to your cost and effort and time. The outcome could go either way.
Instead, also try to use your time and energies to look out for a better job. Your efforts will be rewarded. All the best..
@ Manish Rai: It is not a mandatory rule that there is no notice period during probation. Most companies will have a minimal notice period during probation as well. And the company has mentioned in the appointment letter that the employee is governed by the rules of the company. The employee cannot argue that it was not mentioned in the letter.
From Netherlands
Usually, there is some period of notice which needs to be served even during the probation period. This may be lesser than confirmed employees. As an employee, you are governed by the current policies of the company, irrespective of whether you have access to the policies or not. I suggest, the best thing to do is to have a talk with your HR and seniors and sort it out in an amicable manner.
I would dissuade you from taking the legal route, as it will be to your cost and effort and time. The outcome could go either way.
Instead, also try to use your time and energies to look out for a better job. Your efforts will be rewarded. All the best..
@ Manish Rai: It is not a mandatory rule that there is no notice period during probation. Most companies will have a minimal notice period during probation as well. And the company has mentioned in the appointment letter that the employee is governed by the rules of the company. The employee cannot argue that it was not mentioned in the letter.
From Netherlands
Ms Priya,
As the usual HR policy maintains that during the period of probation, neither party need to give notice and the contract of appointment can be terminated without giving any notice. I strongly feel that notice need not be given for leaving the services of employment. But as a responsible employee it is ur duty to submit ur resignation and get it approved by your employer as u need to maintain cordial and harmonious releations with ur employer, got the point. In can ur employer insists for the notice period, ask them to show u their policy, it is a universal rule that the terms of appointment should be mutually agreed and accepted by both employer and employee.
Joga Rao
From India, Eluru
As the usual HR policy maintains that during the period of probation, neither party need to give notice and the contract of appointment can be terminated without giving any notice. I strongly feel that notice need not be given for leaving the services of employment. But as a responsible employee it is ur duty to submit ur resignation and get it approved by your employer as u need to maintain cordial and harmonious releations with ur employer, got the point. In can ur employer insists for the notice period, ask them to show u their policy, it is a universal rule that the terms of appointment should be mutually agreed and accepted by both employer and employee.
Joga Rao
From India, Eluru
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