Resignation in Probation Perid

Vikrant,

As your employment agreement stipulates a 3 month notice i do not see how you can overcome this clause by resorting to the Company policy. The only chance you may have to take advantage of the policy is if your employment agreement stipulates that the terms of the company policy shall prevail over and above the terms of the employment agreement in the event of a conflict between the two. Otherwise you would need to give the 3 month notice.

Shalini Kaul

Thanks for prompt reply, can I take advantage of

 https://labour.nic.in/act/acts/IndustrialEmployment(StandingOrders)Rules.doc

Yes you can resign any time without any notice period in probation period. Its not mandatory for you to give 3 months notice.

Thanks, Anyone having different / precautionalry view - please share

Before going legaly, currently I am requesting on humanity - as I am going for further studies and not for employment.

Please read your letter of probation carefully. Usually, two notice periods are stipulated - one shorter notice period for probation and another after confirmation which is usually 3 months either side. For a 6 months probation period - 3 months notice is totally untenable, even if it  is stipulated. At the best  a reasonable period of notice for probation could be 15 days. Check this out and make a representation for relieving letter with 15 days notice.

vasudevan

In my letter, there is only one bit with heading "Seperation / Termination" - Stating notice period of 3 Months or money to compesate salary + Applicable allowances

I talked with HR with point of probation (no notice period), but they are not willing to accept this fact. Post my resignation, they will issue a letter stating amount to be deposited for getting releived early. I will be asking them to leave me after 10 days, so I need to pay for 80 days salary + Allowances to get relese order / letter.

Kindly suggest an alternative as my employer is not ready to accept "no notice period" during probation

Mr. Vikrant,

Employee Standing Orders (Rules) is a social welfare legislation intended to safe guard employees against scrupulous employers who intend to fire employees much before a mimimum stipulated period (at least 1 month as per model standing orders) as to give reasonable opportunity to employees to search for a suitable job, subsistence.

So, any period above 1 month might still be construed as a welfare measure directed towards employee, though the same can be used as a tool by the employers to dissuade employees from leaving the company or to seek some buffer time for a suitable replacement. This also acts as a deterrent in case of industries where employees are highly mobile like the IT and ITES.

What is tenable or not or arbitrary is a matter of fact which can only be decided by a court of law i.e. if you have the time, inclination and resources to approach the same.

But in that case, in company policy - if candidate is not found suitable at the end of probation period, organization has right to discontinue giving couple of days notice.

Now how fair it is ?

The policy specifically says - he / she should not be informed his seperation / discontinuation during course of probation (only at the end of probation period)

Normally the standing orders are not applicable to temporary workers or probationers. In this particular case the notice period does not apply but still she will have to wait for the company to accept her resignation in writing before proceeding ahead.