Civil Procedure Code (CPC)

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A N Krishnamurthy   20 March 2021

Resignation in Probation Period and joining another company

I joined pvt ltd co. in Feb 2021 first week. As per the Employment Agreement clause, I was on probation of three months. Clause clearly gives Employer a right to terminate me, however it was also added that IF EMPLOYEE WANTS TO LEAVE THE COMPANY HAS TO GIVE ONE MONTH NOTICE PERIOD IN WRITING TO COMPANY.

That's it. As the company structure was not fit for me, took 15 hrs work from me daily that affected my health too, and, as the Agreement gave me the right per above Bold Statement, I resigned recently and didnt continue, as I was still a probationer and now am seeking to join another company.

I must mention that in the Probation clause, there is neither specific mention of SERVING THE NOTICE PERIOD mandatorily, nor mention of consequence of resignation/joining another company after resign. There is also no specific clause or statement in the Agreement that can declare me as a confirmed-employee after certain date or period, but Probation clause does that I am a probationer.

Now the HR and Management is trying to trap me in Legal Obligations and are in the process of issuing me Legal Notice calling this as a Breach and wanting me to pay 6 Months salary for damages to company.

I dont want to go back to such company. 😔
Is this crime by me?
Doesn't Law give an employee, liberty in Probation period?
Are there any protection or safeguards I can use as a Shield against this company's future actions?
Does Anticipatory Bail work here?

Please advise me, as this incident and management reactions are catering to my mental stress and pushing me towards depression. 🙏😔


 3 Replies


(Guest)
You wont go jail for this so no need for anticipatory bail.

genrally the employee have to complete the notice period. but I need to see the employeement agreement for precise advice.
if you want you can share it on
mishrasatyam6804@gmail.com

Regards

P. Venu (Advocate)     21 March 2021

The dispute, if at all any, is civil in nature. And the employer is unlikely to get any relief from the Court.

Dr J C Vashista (Lawyer)     22 March 2021

It is not a crime wherein you may have to seek anticipatory bail.

However, terms of service shall have to be honoured by both the parties i.e., employer as well as employee.


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