Ms X joined a Private Limited company couple of months ago. She has received only 2 months salary in her account. As per the Employment Agreement, under the clause of Termination, it is written that "Employee will be under 3 months probation period from the date of joining. Under this period, the Employer can terminate this contract by giving 1 day notice period without giving any reasons. In case of employee WANTS TO LEAVE the organization has to give notice prior to 1 month in writing to the organization". Ms X is not finding the company working atmosphere suitable and comfortable for her, so she conveyed to HR of her intention to resign by using the Probation period Clause. Now HR argues that the said clause is from the Employer's point of view and not the employee. So she cannot leave till one year, and even if she does, she has to pay damages/compensate to the company by 6 months of salary.
Whether the argument by HR is fair or not please advise. Whether Ms X can still resign by giving 1 month notice period as she is still under probation?
From India, Mumbai
Whether the argument by HR is fair or not please advise. Whether Ms X can still resign by giving 1 month notice period as she is still under probation?
From India, Mumbai
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How to Handle an Employee Resignation.doc