Resignation during probation period
Rajeev Solanki
(Querist) 14 November 2012
This query is : Resolved
Dear Sir,
I would like to seek an expert advice regarding the course of action I should take now. In brief, I had joined a company in April 1st this year. The employment contract specified me to be on probation period of 6 months and shall remain on probation unless I get a confirmation letter in writing from the company. In the mean time, the company had asked to sign another contract after two months of joining, which eventually I had to sign, this new contract states that even on probation period the employee has to give 3 months of notice period for leaving the organisation. Now during the probation period I have resigned giving 1 month of notice as was stipulated in HR Policy prevelent during the time of joining this company. But, the company is forcing me to give 3 months of Notice or the salary in lieu of, besides the company has not released my due salary of the last month.
I request the experts to provide me the best advice, as I am not in a position to serve 3 months notice....
Nitish Banka
(Expert) 14 November 2012
Since you have already signed the contract now you are bound to serve 3 months notice or leave the one month salary.
Raj Kumar Makkad
(Expert) 14 November 2012
The company and you both are bound by the temrs of the agreement and no party can be allowed by law to resile from its commitment.
Rajeev Solanki
(Querist) 15 November 2012
But the new contract was signed by my self under different circumstances wherein I was not left with any option but to sign or leave the company without any job. Is such contract signed under forceful circumstances binding on the employee?
