Hi I am working with a manufacturing company, India since July 2022 and currently am on probation till December 2022. I resigned due to bad management and got a better offer received from another company. When I put my resignation, I am asked to serve a notice period for 3 months.
The offer letter state a clause for the notice period on probation is below:-
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 on
giving 30 days’ notice from the company and You are also at liberty to resign from the services of the Company by giving
90 days is physical working days as notice period in writing, you are not allowed to avail any leave during the notice
period. In case of any leave availed, the notice period also will be extended based on the number of days leave taken by
you.
In such cases
1. what should I do as they are not agreeing any thing else ?
2. What will happen if I forcefully stop working in that organization in one month time by handover all the assets which I am having ?
3. Will they file any complaints against me and stop my career throughout my life ?
4. Is 3 months notice period legally valid during the probation period.
Kindly help me with your valuable reply and above concerns.
The offer letter state a clause for the notice period on probation is below:-
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 on
giving 30 days’ notice from the company and You are also at liberty to resign from the services of the Company by giving
90 days is physical working days as notice period in writing, you are not allowed to avail any leave during the notice
period. In case of any leave availed, the notice period also will be extended based on the number of days leave taken by
you.
In such cases
1. what should I do as they are not agreeing any thing else ?
2. What will happen if I forcefully stop working in that organization in one month time by handover all the assets which I am having ?
3. Will they file any complaints against me and stop my career throughout my life ?
4. Is 3 months notice period legally valid during the probation period.
Kindly help me with your valuable reply and above concerns.
In your appointment letter, company has very clearly written that you are to give 90 days notice period during the probation period, hence it is binding on you.
Point-wise reply to your another points are given below:-
1. what should I do as they are not agreeing any thing else ?
You need to serve full notice period and ensure smooth exit
2. What will happen if I forcefully stop working in that organization in one month time by handover all the assets which I am having ?
Your BGV will have negative impact
3. Will they file any complaints against me and stop my career throughout my life ?
If company desires, they can go legally against you.
4. Is 3 months notice period legally valid during the probation period.
Period of notice period is the discretion of your company. Hence legally valid
From India, Aizawl
625Point-wise reply to your another points are given below:-
1. what should I do as they are not agreeing any thing else ?
You need to serve full notice period and ensure smooth exit
2. What will happen if I forcefully stop working in that organization in one month time by handover all the assets which I am having ?
Your BGV will have negative impact
3. Will they file any complaints against me and stop my career throughout my life ?
If company desires, they can go legally against you.
4. Is 3 months notice period legally valid during the probation period.
Period of notice period is the discretion of your company. Hence legally valid
From India, Aizawl
Hi,
When the company have the option of terminating you with 30 days notice the employee should also be given the same time for resignation. This is unfair. At the time of joining you wouldn't have accepted it.
If you are leaving without information they will terminate your services and close the file. You will not be able to show this experience in your profile.. tomorrow in case of any back ground verification, this company will give negative feedback.
To avoid the above please negotiate with the employer on notice period and try close it amicably.
From India, Madras
When the company have the option of terminating you with 30 days notice the employee should also be given the same time for resignation. This is unfair. At the time of joining you wouldn't have accepted it.
If you are leaving without information they will terminate your services and close the file. You will not be able to show this experience in your profile.. tomorrow in case of any back ground verification, this company will give negative feedback.
To avoid the above please negotiate with the employer on notice period and try close it amicably.
From India, Madras
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