I have recently joined new organization and I am in Probation period. I completed 3 months as Probation period and 3 months still remaining. I have decided to resign with 30 30-day Notice Period. My HR is saying you have to serve 90 days notice period. But its no where mentioned in Appointment letter during probation Period have to serve 90 days of notice. In My appointment letter its clearly mentioned "its mandatory to serve 90 days notice period after employment confirmation " Since I am in Probation period this clause does not apply to me. My HR is threatening it will be treated as absconding.
What should I do?
From India
What should I do?
From India
Hi Aman,
As a general rule of thumb in most companies, probationers and employees are locked in with the same notice period, whether 30 days or 90 days as per company policy. That being said, if it is clearly mentioned "after employment confirmation", it is quite plausible to assume that the 90 day notice period does not apply to you.
Please also mention the entire sentence and paragraph. If probationers are not covered under the 90 day notice period, what is the alternative option provided to them by the company? From my perspective, "after employment confirmation" could also just mean after employee joins, they have to serve 90 day notice period. I would suggest you to communicate with the HR, and request an amicable separation from the company stating personal reasons and such. Good luck!
From India, Bengaluru
3As a general rule of thumb in most companies, probationers and employees are locked in with the same notice period, whether 30 days or 90 days as per company policy. That being said, if it is clearly mentioned "after employment confirmation", it is quite plausible to assume that the 90 day notice period does not apply to you.
Please also mention the entire sentence and paragraph. If probationers are not covered under the 90 day notice period, what is the alternative option provided to them by the company? From my perspective, "after employment confirmation" could also just mean after employee joins, they have to serve 90 day notice period. I would suggest you to communicate with the HR, and request an amicable separation from the company stating personal reasons and such. Good luck!
From India, Bengaluru
Unfortunately now a days a new practice has emerge that to increase notice period upto 90 days for all categories of employees. It makes difficult for a person to search new job by service 90 days notice period in old organization. HR community must work on this.
If your appointment letter specifies a 90-day notice period only after employment confirmation and you're still in your probation period, the 90-day notice period should not apply. Politely but firmly clarify this with HR using the appointment letter as evidence. Offer to adhere to the notice period specified for probation, typically 30 days. If HR threatens to treat it as absconding, seek legal advice or consult a labor lawyer to ensure your rights are protected.
From India, Ludhiana
From India, Ludhiana
Notice period remains same for the period of probation and as well to employment confirmation, but in absence of separate condition in your appointment letter for probation period. Your HR's version is right to call for Absconding in absence of serving stipulated period of notice. You can left with only option to buy out the period of notice. This views are in absence of your appointment letter.
From India, Mumbai
From India, Mumbai
You have worked in a company for 30 days. Your absconding will hardly matter. You may even choose not to include that in your CV in future.
From India, Mumbai
From India, Mumbai
Hi,
Where ever possible please try for amicable relieving. Whether 90 days notice period is applicable to you or not is not the criteria.. if you litigate the relieving process your case will be subjected to disciplinary process. So please negotiate with your HR for 45 days notice or so.
Being a short stint even if you leave without any notice there won't be any issue. But your services will be terminated towards not serving notice period & unauthorized absence from duty. If PF is deducted with the current establishment it will reflect during future BGV process even if you hide this employment in your CV.
From India, Madras
Where ever possible please try for amicable relieving. Whether 90 days notice period is applicable to you or not is not the criteria.. if you litigate the relieving process your case will be subjected to disciplinary process. So please negotiate with your HR for 45 days notice or so.
Being a short stint even if you leave without any notice there won't be any issue. But your services will be terminated towards not serving notice period & unauthorized absence from duty. If PF is deducted with the current establishment it will reflect during future BGV process even if you hide this employment in your CV.
From India, Madras
You are the best person to take a decision because this phase will decide the future. We have come across several posts by the employees plight for not serving Notice Period in this forum. Make the face of the career scar free.
From India, Mumbai
From India, Mumbai
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