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Resignation during probation period

(Querist) 12 December 2018 This query is : Resolved 
Dear Respected Members,

Please suggest on the following :
Band : Senior Manager
Date of Joining : 3rd of October, 2018
Date of Resignation : 5th of December, 2018
Date of Board Meeting : 6th of December, 2018 to be appointed as Company Secretary

Offer Letter containing :

You will be on probation for a period of six months.

A formal letter of appointment setting out the terms and conditions, particulars of your remuneration, benefits, etc. will be issued to you at the time of your joining duty with us. You will also sign an agreement of fidelity and confidentiality.

In case of resignation you will be required to provide/serve a 3 month notice period subject to approval from
CEO or pay three month's salary in lieu of notice period on confirmation and approval from CEO.

Employment as per this offer letter is subject to satisfactory refereeā€™s report and your being found medically fit
and we will let you know the formalities that need to be completed in this regard.

Is it mandatory to serve Complete Notice Period even if the candidate being under probation period or either party can leave by giving notice in writing.
Adv Shailendra Deshpande (Expert) 13 December 2018
Serving notice period is mandatory as per offer letter clause you have mentioned.
MADHUSUDAN G R (Expert) 13 December 2018
What you have stated above is about the letter of offer. On joining the duty, a formal letter of of appointment will be given.

In the letter of appointment, notice period both during the probationary period and on confirmation of service would be stipulated separately. Either party can give notice by adhering to the notice period mentioned therein. Nothing like subject to approval of CEO etc, if so, it becomes unilateral, which is not acceptable by the judiciary.

If your letter of appointment is shown, it can be suggested.
Abhinay Kumar Shaw (Querist) 13 December 2018
Thank you so much Respected Members for your valuable Suggestions

I will be sharing the copy of the Offer Letter by today evening.

Please suggest me accordingly, because I have to leave within 30 days or earlier because of my Family Issue.
MADHUSUDAN G R (Expert) 13 December 2018
You need to share yr letter of appointment not letter of offer.
SHIRISH PAWAR, 7738990900 (Expert) 13 December 2018
If notice period is mentioned you have to attend the job or you have option to pay 3 months salary.
BAALASUBRAMANNYAMM (Expert) 13 December 2018
Both the employee and the employer should obligate the terms and conditions as mentioned in either the Offer Letter or the Letter of Appointment, so here you have to ful-fill the obligation of the 3 months notice period, if your employer strictly insists as against the clause.
Abhinay Kumar Shaw (Querist) 13 December 2018
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