VPKUMAR (CHIEF CONSULATANT) 07 July 2010

RESIGNATION

My colleague has submitted her resignation from a private company after working for 2 months while on probation. She has stated her reason as domestic reasons for resigning.

The company has not accepted her resignation and wants her to give 2 monts pay or notice, which she is unable to give.

The company is going to give her a legal notice for this.

Please advise if this is legally OK. She is on probation and the company has stated in her appointment letter that she she should give 2 months notice or pay in lieu off, while the company doesnt have to give her 2 months notice or pay in case they terminate her.

Please advise and thanks.

V.P.Kumar

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4 Replies

Daksh (Student) 07 July 2010

Mr.V P Kumar,

Your collegue is contractually bound to honour the terms of service contract but it is advisable that she should have a word with HR and try to put across her point of view. Resigning all of a sudden does forces a Company to resort to sending these notices as the work bound to suffer on this count.

Best Regards

Daksh

Vinod kashyap (Advocate & Legal advisor) 07 July 2010

It is settled law In case of probation period the employer and employee have equal right. if employer have right to terminate without notice then employee also have right to left company without notice or liue of salary.

just reply the notice with above contents keep in view conditions of employment letter.