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sach (executive)     26 April 2012

Resignation during probation period

Dear Sirs,

                 I want some help on the topic of resignation during probation period of services,as the probation rules by the company state that

,"during the probation period the appointment may be terminated by either party giving one month (30 days) notice.the salary or the accumulated leave will not be adjusted against the notice pay.(there is no leaves during probation period)

and on the conformation,either party will be require to give a notice of one month for separation.'

 I  want leave the comapny within  one week, and as per company rules how can it effect me if I leaving


 8 Replies

Anjuru Chandra Sekhar (Advocate )     26 April 2012

:) They will treat it as major misconduct and remove you from services.  The net effect is same. If you don't have any terminal benefits to be received from them leave it, they cannot do anything.

sach (executive)     27 April 2012

thanks for reply one more thing I have given the resignation letter to h.r. But he didn't received the same . I want to know with the upper state can company enforce me for serve the notice for 30 days. Actually I want to leave the company with in 7 days with complete formalities like resignation acknowledgement.my this month salary,my relieving certificate ,please help me to understand the legal regarding the term and condition

sach (executive)     27 April 2012

and according the states of company rule ,am I require to give one month notice for leaving the job

Anjuru Chandra Sekhar (Advocate )     28 April 2012

If your new employer has no objection to your joining without a relieving order from the past company, then you have no problem at all.  But if he is seeking a relieving order from existing employer then request for joining time so that you complete your one month notice period in the company you want to leave.  And coming to your salary, if the covenants provide that if you quit job without giving notice they have a right to avoid payment of salary, then you can do nothing legally to recover that amount.  You have to forget it.

sach (executive)     28 April 2012

Thank for valuable advice one more thing if I walk out without resignation acknowledgement then can company take any legal action against me

Anjuru Chandra Sekhar (Advocate )     29 April 2012

Who has time man? Unless they have lots of grudge against you they will not do that.  And even to do that they have to waste lot of their energies.  And what will they get if they take legal action? I don't say it is impossible but no employer would have time or inclination to do that.  Employers are clever fellows they do not give copy of service agreement to the employees at the time of joining.  They simply take signatures on service agreement and keep it with them as their office property.  Employees are caught in a haste to complete formalities they carry lots of gratitude towards employer for giving them a job and so they feel seeking a copy of service agreement as showing irreverence.  So they do not know what they have agreed for in the service agreement. 


Do you know what are the terms of your service agreement that you have signed while joining the job closing your eyes?  Depending on those terms legal action can be taken by employer.  For instance if the service agreement provides that the employer has a right to sue in court of law for damages for your quitting job without giving notice and without giving resignation, and you have agreed for it, they can proceed under Specific Relief Act.

1 Like

anonymous (s/w engg)     05 May 2012

Great tips @chandrashekhar Thanks

@sach: So what you have decided now? Serving the notice period or what ?

sach (executive)     06 May 2012

now its notice period I am serving but no willing to serve them how can I relieved legally as I don't want to work with them.please suggest somewhat how.notice period is from 25 of april to 25 of may

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