Arpan Nayak 20 March 2021

Employee rights in probation period

Hello Learned Member/s,

I joined a company in January 2021, in the Employment Agreement of which there was a clause that "You will be in probation period for three months from the date of joining. In this period, Employer has right to terminate you by one day notice without giving any reasons. In case of employee wants to leave the organization, has to give one month notice period in writing to the Organization".

After completing 1 month and 29 days, I came to know that company's work structure is not fit for me, as well as daily 13 hrs work to meet the company deadlines are affecting my health. Also being under probation, company was not taking me seriously by not giving proper training and other experienced incidents. I conveyed my intention to HR and my team Manager that as I was still under probation, and not a confirmed-employee of the company, I would like to resign and requested them to explain the procedure of resignation, as my relocation to another city for betterment of my being could be better solution for me. HR tried to frighten me saying that "you will have to pay 6 months salary as Damages to the company, and I cannot leave until one year. Otherwise you should not have signed the agreement on day one." I argued that the agreement itself is giving an employee-in-probation to make a decision. But, instead of helping me, they tried their best by forceful threatening words to stop me. I discussed and explained same issue along with my health conditions with the Director. Director asked me for not posting the resign email as he would discuss with me in-person on same day. Till then he asked me to rethink on my decision.

By evening I gave a lot of thought to my decision and concluded by emailing a resignation as Director was not available in the office. I stopped going to office after that as Management's intention was crystal clear to hold me till my Probation period expires and then after by legally binding me for 1 year. I must make it clear that till the time I resigned, I was neither given any Independent responsibility nor any amenities nor any company asset. i mentioned same stuff in my resign as well.

Now HR and the Management are in the process of sending me a legal notice for the breach of contract and asking me to pay 6 month pay to company.

What are the safeguards to me in such condition?

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4 Replies

G.L.N. Prasad (Retired employee.) 21 March 2021

These conditions are usual, uniform in such employer/employee agreement, though there may be one-sided agreements. Find out the clause that permits you to resign during probation and you are a better judge whether resigning the present post for the workload is genuine or not. Most of the probationers get more experience through heavy work during the probation period only. Leaving a part such exploitation is justified or not, probation gives the opportunity of studying an employee and his attitude. You have not quoted the company and its activity. At times to deliver the orders in time, including in Government many employees work at times for more than 15 hours and treat it as part of experience and commitment. The employees get pleasure and satisfaction and employers are impressed with those committed employees. You can obtain legal advice for a befitting reply on receiving such notice demanding compensation from the company.

Arpan Nayak 21 March 2021

@g.l.n. prasad sir, Thanks a lot for ur response. I was working in US based KPO unit. Working for more hrs if can affect the health lately, any employee would definitely respond to it. You rightly said that employees do learn in more hours, but it is I believe True for the Government employees, and not Pvt companies. Unless we play Smart politics therein, our existence is doubtful always. and not all are smart players.