Hello there,
I started working as a trainee in a company, and in my offer letter, they only mentioned a 12-month probation period, which I completed in April 2020. I have now resigned from the job as I have another offer in hand. The HR from the resigned company is saying that I have to serve one more year as a notice period, but I haven't signed any bond stating that I'll serve two years when I joined the company. What should I do now?
From India, Hyderabad
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1I started working as a trainee in a company, and in my offer letter, they only mentioned a 12-month probation period, which I completed in April 2020. I have now resigned from the job as I have another offer in hand. The HR from the resigned company is saying that I have to serve one more year as a notice period, but I haven't signed any bond stating that I'll serve two years when I joined the company. What should I do now?
From India, Hyderabad
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Venkat - Employers do resort to trivial steps like this, and this is a sign of ineffective HR and workplace ethics. I presume that you haven't signed any fresh terms of the contract with your current employer.
Practical advice: Please email HR looping in your Reporting Manager/HR Business Partner - citing the offer letter clauses that were originally agreed upon. State what you have agreed to - and clearly highlight at the end of the email the fact that resignation is at the will of an employee, and you have decided to pursue a more suitable opportunity outside of the organization and you cannot agree to an extended probation period and notice period like this. Although the COVID-19 pandemic might have caused a few changes in HR modalities - notice periods, probation periods are not affected by such incidents - so you have to go by what was agreed upon originally with HR.
If you will - please avoid altercations, verbal spats, email thrashing, etc. This is the time to stay calm, cool, and mature. Be confident in putting your perspective and have the utmost respect in your words while you put them in an email or over a phone call maybe.
You will sail through - stay calm and initiate talks soon.
From India, Delhi
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Practical advice: Please email HR looping in your Reporting Manager/HR Business Partner - citing the offer letter clauses that were originally agreed upon. State what you have agreed to - and clearly highlight at the end of the email the fact that resignation is at the will of an employee, and you have decided to pursue a more suitable opportunity outside of the organization and you cannot agree to an extended probation period and notice period like this. Although the COVID-19 pandemic might have caused a few changes in HR modalities - notice periods, probation periods are not affected by such incidents - so you have to go by what was agreed upon originally with HR.
If you will - please avoid altercations, verbal spats, email thrashing, etc. This is the time to stay calm, cool, and mature. Be confident in putting your perspective and have the utmost respect in your words while you put them in an email or over a phone call maybe.
You will sail through - stay calm and initiate talks soon.
From India, Delhi
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Hello Venkat,
In the absence of a letter being issued to you immediately on completion of year training/probation (20.04.2020), as the case may be, it will be in order for you to resign now. You have not violated any of the terms of the training/probation unless the original offer of appointment contains a clause to be read as below:
In the absence of a letter being issued either extending or terminating the one-year training/probation, the training/probation is deemed to be continued for another six months/one year.
Unless you furnish the copy of terms and conditions of the letter of appointment, we will not be able to give a clear-cut reply.
It is further confusing to note that you had been taken as a trainee for one year from 20.04.2019. Where is the question of probation? Training and probation are two different/distinct modes of appointment, and both cannot coexist.
It is, however, advisable to send an email to the HR Department with a copy being marked to your immediate boss, explaining your position and seeking formal order of relief.
Be polite in your words, and your email should not show any sense of grudge to be perceived by the erstwhile employer.
Panchsen
P. Senthilkumar
9884009193
From India, Chennai
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In the absence of a letter being issued to you immediately on completion of year training/probation (20.04.2020), as the case may be, it will be in order for you to resign now. You have not violated any of the terms of the training/probation unless the original offer of appointment contains a clause to be read as below:
In the absence of a letter being issued either extending or terminating the one-year training/probation, the training/probation is deemed to be continued for another six months/one year.
Unless you furnish the copy of terms and conditions of the letter of appointment, we will not be able to give a clear-cut reply.
It is further confusing to note that you had been taken as a trainee for one year from 20.04.2019. Where is the question of probation? Training and probation are two different/distinct modes of appointment, and both cannot coexist.
It is, however, advisable to send an email to the HR Department with a copy being marked to your immediate boss, explaining your position and seeking formal order of relief.
Be polite in your words, and your email should not show any sense of grudge to be perceived by the erstwhile employer.
Panchsen
P. Senthilkumar
9884009193
From India, Chennai
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