Hi,
I need clarification on my probation period.Five months back i joined in my company.in my appointment letter they mentioned probation period is 6 months if company wants to terminate notice period is 15 days.They did not mentioned what if employee want to leave the company.Due to some family reasons i gave my resignation my company HR is saying i need to server 90 days notice.Please can you help me what i need to do.
From India, Hyderabad
I need clarification on my probation period.Five months back i joined in my company.in my appointment letter they mentioned probation period is 6 months if company wants to terminate notice period is 15 days.They did not mentioned what if employee want to leave the company.Due to some family reasons i gave my resignation my company HR is saying i need to server 90 days notice.Please can you help me what i need to do.
From India, Hyderabad
Under normal circumstances, the notice period should be equal from both the side. Similarly, unless otherwise provided in writing, the notice which the employer should give an employee to terminate the service of an employee should be taken as the notice which an employee is expected to give the employer if the former wants to leave the service. Therefore, applying a notice period of 90 days and that also during probation period is arbitrary and not maintainable in the eyes of law.
In order to safeguard your interest (of meeting the family requirements as you said) you can either fight against the company quoting the arbitrary clauses or just leave the company deserting the five months service from your career. An HR person who does not dare to ask for 90 days notice from a person of only 5 months’ old in service will not dare to defend himself saying that he will not issue a relieving letter or extend the battle as he wishes and spoiling your time and money in the battle. But I would suggest that you will not gain anything with a service certificate of just 5 months; instead it will be advisable to quote the same family issue retrospectively for the reason for 5 months’ gap in service records when you appear for another interview.
Madhu.T.K
From India, Kannur
4249In order to safeguard your interest (of meeting the family requirements as you said) you can either fight against the company quoting the arbitrary clauses or just leave the company deserting the five months service from your career. An HR person who does not dare to ask for 90 days notice from a person of only 5 months’ old in service will not dare to defend himself saying that he will not issue a relieving letter or extend the battle as he wishes and spoiling your time and money in the battle. But I would suggest that you will not gain anything with a service certificate of just 5 months; instead it will be advisable to quote the same family issue retrospectively for the reason for 5 months’ gap in service records when you appear for another interview.
Madhu.T.K
From India, Kannur
Hi satyankmeridian,
Practically what our fellow member Madhu had commented is 100 % correct, unless this exit is because you have another offer and as well you have informed them about your current company. If my second statement is correct, thenrather than fighting with your current employer, you can speak with your new employer about the sudden information of the notice period and find a solution.
From India, Bangalore
Practically what our fellow member Madhu had commented is 100 % correct, unless this exit is because you have another offer and as well you have informed them about your current company. If my second statement is correct, thenrather than fighting with your current employer, you can speak with your new employer about the sudden information of the notice period and find a solution.
From India, Bangalore
Thank you Madhu.T.K and MAHR
Below are the word in my appointment letter.
Probation/Confirmation:You will be on a probation period for six months.Based on your performance your services will be confirmed with the company
in writing after six months.During the probation period your service can be terminated by the company by giving 15 days prior notice and without any reasons whatsoever based on the discretion of the management.if your service are found satisfactory during the probation period.You will be confirmed in the present position and thereafter your service can be terminated by the company by giving 90 days notice.In such instances instead of the notice.Company may pay your net salary equal to the notice period.However at any point in time.If any of the terms and conditions is found to be violated,your service may be terminated with immediate effect.You may,with a written notice of 90 days terminate your service with the company or pay your three months gross salary,at the discretion of the company.Absence for continuous period of ten days without prior approval of your superior ,(including overstay on leave/training ) would result in your losing your lien on the service and the same shall automatically come to an end without any notice or intimation.
Please let me know how i can processed
From India, Hyderabad
Below are the word in my appointment letter.
Probation/Confirmation:You will be on a probation period for six months.Based on your performance your services will be confirmed with the company
in writing after six months.During the probation period your service can be terminated by the company by giving 15 days prior notice and without any reasons whatsoever based on the discretion of the management.if your service are found satisfactory during the probation period.You will be confirmed in the present position and thereafter your service can be terminated by the company by giving 90 days notice.In such instances instead of the notice.Company may pay your net salary equal to the notice period.However at any point in time.If any of the terms and conditions is found to be violated,your service may be terminated with immediate effect.You may,with a written notice of 90 days terminate your service with the company or pay your three months gross salary,at the discretion of the company.Absence for continuous period of ten days without prior approval of your superior ,(including overstay on leave/training ) would result in your losing your lien on the service and the same shall automatically come to an end without any notice or intimation.
Please let me know how i can processed
From India, Hyderabad
Give your company max of 15 days notice and quit. The demand for 90 days notice is not tenable as you are still an employee on probation.
From India, Pune
From India, Pune
Here the clause is one sided, that when the matter of payment in lieu of salary comes, the employer has to give 90 days net salary whereas it is 90 days gross salary from the employee's side, which is again not proper. Again the discretionary power of the company is retained.
One more thing to be noted in this letter is that confirmation is purely depended on the employee's 'performance' but termination can be without any reason!! I think the HR person in the company has taken sentences from various appointment order drafts and without applying mind he has compiled it and that is why instead he has put the condition of performance for confirmation without leaving the words 'termination without reason'. This should be like, "during probation period your services shall be terminated without assigning any reason by giving 15 days notice from either side".
Madhu.T.K
From India, Kannur
One more thing to be noted in this letter is that confirmation is purely depended on the employee's 'performance' but termination can be without any reason!! I think the HR person in the company has taken sentences from various appointment order drafts and without applying mind he has compiled it and that is why instead he has put the condition of performance for confirmation without leaving the words 'termination without reason'. This should be like, "during probation period your services shall be terminated without assigning any reason by giving 15 days notice from either side".
Madhu.T.K
From India, Kannur
Thank you Nathrao and madhu
I was more worried about company assests(Laptop and other Laptop accessories). How can I submit them. They will not take as they are asking me to serve 90 days notice.Please suggest me how can processed.
From India, Hyderabad
I was more worried about company assests(Laptop and other Laptop accessories). How can I submit them. They will not take as they are asking me to serve 90 days notice.Please suggest me how can processed.
From India, Hyderabad
How can I submit company assests like laptop.They will not take as they are asking me to serve 90 days notice.Please help me how can I proceed further.
From India, Hyderabad
From India, Hyderabad
You take them to the company and hand them over to the concerned officials. Certainly, he will not accept it. You just walk out putting a note/ mail that you have handed over the assets to him and you are not liable if any of the assets so handed over is lost. You can record the date and time. This will not give you any legal assistance but you can depend on the CCTV clippings showing your entry with laptop etc and leaving out without these items in your hand. Moreover, no company will run behind an employee and waste time in filing such stupid case against cases.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
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Legal Clarification on Severance Dues & Probation Period.PDF
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