resignation in probation period after 6 working months
Sandip3333
(Querist) 23 January 2018
This query is : Resolved
I am working with a multinational engineering company (Head Office- out of India) in Pune, India. Now it’s been 8th working month with current employer and I now have received a suitable job opportunity with another company.
As per current employers' “Employment Agreement (EA)”, Claus about probation period, states below mentioned points;
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Probation Period
1. You shall be on probation for a period of six months after joining.
2. Upon completion of the probation, your will undergo a confirmation review process and based on the outcome of this process your confirmation will be communicated to you in writing, till such time you will continue to remain on probation.
3. The probation period can be extended up to a maximum of nine months.
4. During probation either party can give a 15 days’ notice period and terminate this Employment Agreement.
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I have not been reviewed for my probation period and till date not received any confirmation letter in writing from HR/ employer. At this condition, I have resigned and given the 15 days’ notice to employer, but employer refusing to accept 15 days’ notice period with giving below reasons to my request emails to accept my resignation.
1. 15 days’ notice is not applicable as probation period has expired.
2. Notice period given is not sufficient for a suitable transition to occur in relation to this or other active work you are doing.
3. Unfortunately we cannot accept the short notice period that you have given. We are in the middle of an important work; a couple weeks’ notice does not work for the business.
4. It is a very busy time and 2 weeks’ notice is not appropriate at this time. (Employer asking for 1.5 month notice period, to accept my resignation.)
5. Give me contact details of your new employer and allow me to talk with your new employer to seek the extension with joining date of new job.
It will be great help from you, if you advise me on this situation and below points
1. As I have given the resignation and asked for 15 days of notice period as per EA, Is company have right to refuse that resignation?
2. Is the acceptance of this resignation is required from employer side, as I am working for 15 days of maximum notice period, applicable for me at this situation?
3. Further advise me what employees and employers rights in this situation.
Kumar Doab
(Expert) 23 January 2018
Notice period is part of service conditions and governed by applicable enactments.............to employee/establishment.
The notice period of 15days may not be necessarily applicable in employee's (your) case.
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?
Which is fixed pay day? Has salary not been paid on pay day?
Has salary slip been issued and supplied?
What is monthly salary?
Has company issued any notice on closure of company?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Kumar Doab
(Expert) 23 January 2018
As per 2,3 in your post;
Your interpretation is correct.
You are still within 9 months period including extension after probation period of 6 months.
The establishment/employer has not arranged for the confirmation review process, even now i.e. during notice period. In IT’s own sense IT is good for you.
The designated person in establishment/employer has failed to act in time to conduct the said confirmation review process and has now awakened from slumber.
The HR person has NO right to ask for the contact details of new employer. IT can be termed transgression.
This is your private matter and between you and new employer.
Kumar Doab
(Expert) 23 January 2018
The point is that you need to firm up your stand with new employer that should accept and absorb you on the strength of copy of your resignation and communication of HR person that establishes that you have duly resigned……………and IT should not press you for acceptance of resignation/reliving letter….
The new employer may agree to not to press for acceptance of resignation/reliving letter realizing that you cannot submit these until or unless these are supplied to you by current employer.
You may also clarify to current employer that you have acted in accordance with EA drafted by employer and placed before you to sign, and that any tasks are to be limited to expiry of notice period in accordance with aid EA to which you have complied ( and routine tasks may be assigned that can be completed on day to day basis within and upto LWD) . And that you have already firmed up next venture and cannot afford to suffer loss by slipping over the next venture. Draft your communication carefully to defend your interest later.
If new employer does not agree then you may find some approach suitable to new employer, you, current employer.
Adv. Yogen Kakade
(Expert) 24 January 2018
Mr. Sandip,
Convey your issues in detail to the company authorities. If the company still remains firm on its decision as not to relieve you, then you have to send a legal notice to the company. Even the Dist. Labour Commissioner's office, Pune is an option available for you.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888
P. Venu
(Expert) 24 January 2018
Yes, the the employer is blowing hot and cold; in the absence due process of confirmation, you are still on probation period and the they cannot insist on a longer period of Notice.
