vaishakh 16 July 2016

Resignation during probation

Dear All,

I have joined a hotel in Kerala as its manager 1.5 months back. From the day 1, my hotel owner has been harassing me, which has forced me to look out for another job. My contract states that during probation, the notice period required to terminate me is 1 day, while if I resign, it would be 2 months. I have not signed my contract due to this clause. Please advise if I can give a day's notice & resign.

Thank you,

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2 Replies

Ritesh Maity (Labour Law Advocate) 16 July 2016

Notice period should be equal from both sides. Unequal notice period or notice period in favour of the employer signifies unfair labour practice.

I have not seen your entire appointment letter but basing on your statement I can say that you can also leave the company with 1 day notice period. However, drafting of the resignation letter considering the situation is important.

Kumar Doab (FIN) 17 July 2016

If you have not signed any contract specifying notice period then you can claim no such clause exists and applicable to you.

You can claim earned wages till LWD.

However show all docs on record whatever were supplied to you, by you and let your able counsel specializng in Labor/Service Matters draft your reprsentations and notice/rersignation so as to defend your long term interest.