Hi All,
I joined a company on 13th September 2021, and my offer letter agreement states, "You will be on probation until successful completion of the probationary period is confirmed in writing." The notice period in the probation period is 30 days, and once confirmed, it is 90 days.
I have resigned on 20th September 2022, and my probationary period was neither confirmed before my resignation nor confirmed till date in writing as per the agreement. So, technically, I think that I can terminate my service by giving 30 days' notice period. However, as per the resignation acceptance email, my notice period shows as 90 days. Still, I cannot serve 90 days' notice period and want to serve only 30 days both due to the requirement by my future employer and as per my existing company offer letter agreement.
I want to understand the legality of my notice period as per the offer letter agreement and the possibility of early release if my employer doesn't agree to any type of negotiation.
Please advise.
From India, Hyderabad
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I joined a company on 13th September 2021, and my offer letter agreement states, "You will be on probation until successful completion of the probationary period is confirmed in writing." The notice period in the probation period is 30 days, and once confirmed, it is 90 days.
I have resigned on 20th September 2022, and my probationary period was neither confirmed before my resignation nor confirmed till date in writing as per the agreement. So, technically, I think that I can terminate my service by giving 30 days' notice period. However, as per the resignation acceptance email, my notice period shows as 90 days. Still, I cannot serve 90 days' notice period and want to serve only 30 days both due to the requirement by my future employer and as per my existing company offer letter agreement.
I want to understand the legality of my notice period as per the offer letter agreement and the possibility of early release if my employer doesn't agree to any type of negotiation.
Please advise.
From India, Hyderabad
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Until and unless you are confirmed in service with a communication in writing, you are a probationer only, and legally you come under a one-month notice period category. However, the issue is that no HR manager or employer will accept it as long as the employee leaving is a good employee. On the other hand, if the employee is not a good performer, the employer will give one month's salary and ask him to go. You cannot move legally either because such a move will spoil your career, and no prospective employee would like to retain an employee who is fighting with his previous employer. That is the risk. Therefore, an amicable settlement is the only solution for this issue.
From India, Kannur
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4769From India, Kannur
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Thank you, Madhu, for your quick reply.
If that is the case, then employers can always play around, right? Employees cannot do anything but accept even after being correct as per the agreement? The problem is that it is not so easy to convince the manager sometimes to negotiate an early release because the outgoing employee is useless to them. So, they won't go out of the box or make any efforts to release him/her early. In that scenario, the employee looks for options as per their agreement. Sometimes, there's only one option left: either accept the full notice period or discuss in the context of the offer letter agreement. I'm still wondering what negative feedback they will give when the debate was all about the notice period and not the code of conduct.
Please enlighten.
Thank you
From India, Hyderabad
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If that is the case, then employers can always play around, right? Employees cannot do anything but accept even after being correct as per the agreement? The problem is that it is not so easy to convince the manager sometimes to negotiate an early release because the outgoing employee is useless to them. So, they won't go out of the box or make any efforts to release him/her early. In that scenario, the employee looks for options as per their agreement. Sometimes, there's only one option left: either accept the full notice period or discuss in the context of the offer letter agreement. I'm still wondering what negative feedback they will give when the debate was all about the notice period and not the code of conduct.
Please enlighten.
Thank you
From India, Hyderabad
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In such scenario, the only option left is to accept their new notice period policy. You can also try to negotiate on the issue with the help of somebody who is acceptable to the Manager/employer. You can even try to get help from persons from GST/IT/labour/Pollution Control, etc., who are always in "good terms" with the employers and vice versa....
From India, Kannur
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From India, Kannur
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