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Vikrant (Manager)     08 May 2010

Resignation in Probation Perid

I am working with big indian group from last 5 Month. Now I want to leave the job for further studies. (I am still under probation)

My appoint letter states that "You will be on probation for period of six months"

In termination - its states that - "Your services may be terminated by company at any time by either side by giving 3 months notice"

In policies - It states that "for temporary employment - notice period clause will not be applicable"

By any chance, can I leave company without payment of 3 month dues... Can I say "probation period" as "temporary employment" ?



Learning

 9 Replies

Shalini Kaul (Independent Legal Practitioner)     08 May 2010

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

  

1 Like

Vikrant (Manager)     08 May 2010

Thanks for prompt reply, can I take advantage of

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

Ashok Yadav (Lawyer)     08 May 2010

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

1 Like

Vikrant (Manager)     08 May 2010

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.

V. VASUDEVAN (LEGAL COUNSEL)     08 May 2010

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

1 Like

Vikrant (Manager)     10 May 2010

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

GN Muralidhar (Legal Manager)     10 May 2010

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.

1 Like

Vikrant (Manager)     11 May 2010

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)

madhu (service)     30 May 2010

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.


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