Upgrad LLM

resignation during probationary period


Hi,

I joined a company on 2nd July, 2012.   I am still in the probationary period.  I have applied for resignation on 8th Sep, 2012.   Company is asking me to pay back the two months salary that they have given.

Here are the terms and conditions in the employment letter related to probation and termination.

====

 

You are being appointed as  Software Developer with a probation period of 6 

months. You will be confirmed on this  role upon successful completion of your 

probationary period. You are liable to be terminated from the company if your 

performance is found unsatisfactory during the probation period.

 

Termination:

Either party may terminate this employment agreement by giving the other party 

90 days notice in writing or 60 days notice and 30 days salary in lieu thereof. The 

Company will not be liable to pay the notice pay if you resign from its services and 

be relieved with immediate effect. 

=========

Now my question is: Since they didn't mention anything about the termination from my side during the probation period, should I still need to pay back the two months salary (that I have received) as per the above terms and conditions?

Also, can you help understand the following:

 

"The Company will not be liable to pay the notice pay if you resign from its services and be relieved with immediate effect. "

Thanks,

Rajkumar.

 
Reply   
 
FIN

If you have submitted resignation with immediate effect company may claim notice pay as per your employment contract.

If you have submitted notice of resignation and company has accepted the notice with immediate effect you can term it illegal. It is your wish to accept notice pay in lieu of notice from company.

If no notice is period is applicable during probation period compnay can not claim notice pay.

90 days notice period during probation can be termed as unreasonable.You may agree to tender notice pay during probation period as per SE Act applicable to your state.

If terms and conditions inserted in appointment letter are unlawful these can not stand the test of law.

You have posted that"Company is asking me to pay back the two months salary that they have given."

Has the company stated so in writing?

You have worked for 2months only. You may not acccept a glaring farewell from the employer.

Choose your next employer carefully.Recruiters frown upon candidiates who switch frequentally.

 
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Educationist/Lawyer

Have you asked for being relieved with immidiate effect?

 
Reply   
 

@ Kumar,

I am slightly confused about your post.  Can you please summarize?

@ Kanakasinh,

Yes, I have opted for immediate relievement.

 
Reply   
 
FIN

SE Act Punjab: 23. Notice by employee. -- (1) No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days previous notice or pay in lieu thereof.

(2) Where an employee contravenes the provisions of sub-section (1) his employer may forfeit his unpaid wages for a period not exceeding seven days.

SE Act Karnataka;  39. Notice of Dismissal: in case of service not less than one month; notice of one month or salary in lieu of notice.

SE Act Delhi: 30. Notice of Dismissal: (2)   No   employee     who    has   put  in  three   months’    continuous    service   shall   terminate   his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

 

You have posted that "Company is asking me to pay back the two months salary that they have given."

Has the company stated so in writing?

2 months is too short a period of employment for employers to accept easily.

The statement of company {probably made verbally} to return the two month’s salary {than to state to tender notice pay} is an indication that settlement may not be easy.

Try and obtain acknowledgment of resignation, company property/handing over of the charge, acceptance of resignation, FNF statement, relieving letter, service certificate, from 16, PF number/account slip etc..

Recruiters have reservations about candidates whose tenure is short e.g. a few months.

 

 
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