Resignation during probation period

rahul p (Querist) 31 May 2021 This query is : Resolved
Hi
I am working with a IT company, India since January 2021 and currently am on probation for 6 months. I am resigning due to bad management policies and got a better offer received from another company.

When I put my resignation, i am asked to serve a notice period for 3 months. The offer letter does not state a different clause for the notice period on probation.

As per my offer letter,

Probation Period:
You are required to serve a probation period of 6 months from the date of joining, after which you will be issued a confirmation letter if your performance is satisfactory.

Notice Period upon Employment Termination:
The Company or the Employee may terminate this contract by giving Notice in writing to the other of not less than 3 Months. Enforcing the option of the notice period is entirely up to the management.

In such cases
1. what should I do as they are not agreeing any thing else.

2. What will happen if I forcefully stop working in that organization in one month time by handover all the assets which I am having.

3. Will they file any complaints against me and stop my career throughout my life.

4. Is 3 months notice period legally valid during the probation period.

Kindly help me with your valuable reply and above concerns.

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Quick Summary

An employee in India is resigning from their IT job during a 6-month probation period due to poor management and a better offer. Their employer is insisting on a 3-month notice period, despite the offer letter not explicitly detailing a different clause for probation. The employee is seeking advice on what to do, the consequences of leaving early, potential legal action, and the validity of the 3-month notice period during probation. Experts advise that the offer letter's terms are binding, and leaving without serving the full notice could lead to withheld documents or legal action. It's recommended to consult a local lawyer for definitive advice.

Dr J C Vashista (Expert) 31 May 2021
Terms and conditions of appointment accepted by the employer and employee shall govern the subject, accordingly it is difficult to form proper opinion without perusing the appointment letter.
It is "Unbelievable" statement that the appointment letter do not contain the clause / provision for resignation and/ or relieving an employee, without notice.

Sankaranarayanan (Expert) 31 May 2021
Better to consult local lawyer and seeking advice and act accordingly

Advocate Bhartesh goyal (Expert) 31 May 2021
Your employer is right, both you and employer ( company ) are abide by terms and conditions of contract ( offer letter ) .You can't legally resign from your post without serving three months notice to company .If you resign without serving notice, company may withheld your original documents and take legal action for their loss .

P. Venu (Expert) 31 May 2021
Is there any condition as to termination during probation period or cessation period?

ashok kumar singh (Expert) 01 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

T. Kalaiselvan, Advocate (Expert) 02 June 2021
As per the conditions of the employment either the employer or the employee has to observe the 3 months notice period.\
You cannot take shelter under the probation clause stating that nothing has been mentioned about the notice period for probation.
It is a general clause for employment since the probation period is also considered as employment you may have to abide by the conditions for which you have agreed and signed the employment offer letter.
The management has full rights to take legal action against you if you violate the employment conditions as mentioned in the offer letter, as per law of the land.
You may tender your resignation letter in which you can express your willingness to pay towards the unserved notice period as compensation in lieu of serving the notice period.

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