MONIKA ARORA 23 January 2023

Resignation during probation period

I have joined one MNC 4 months back but my manager is not happy with my performance and mentally torchuring and giving work pressures. Now she has created Business case to present HR that I am non-performer and will show me absconder and warning me that they will take legal action against me. Earlier also 3 employees also left due their over expectations and work pressure.

Please advise shall I resign and serve notice period or wait for their action as anyhow they will terminate with me.

Kindly advise.

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2 Replies

Real Soul.... (LEGAL) 23 January 2023

If they terminated you reasoning poor performance or non - performer that will have bad impact on your job track and may not be good for your future jobs; so in that case you will never mention these months of work and consequences in your CV for future jobs and fill the gap for being jobless for months.

But if you resign that is much better for your future as you can reason the resignation letter, but you may have financial implications for that you have to look in offer letter/service bond / acceptance or job contract whatever relevant document for the consequences and modes.

Adv.Asgher Mahdi (Advocate) 23 January 2023

You may be afraid of a signed bond require to pay damages to resign between court of probotionary. On such being the question, the employer cannot force you to pay the damages unless he spend some material in training you as damages whereas, no material is lost you need to pay him any damages and your entered bond is violation of Fundamental Rights. Bodned labourship is ban by the constitution of India.