Company enforced notice period during probation
Querist :
Anonymous
(Querist) 22 December 2020
This query is : Resolved
Its been just one month and i have put down my papers in a private firm since the job is not in line with my career. My manager accepted my resignation. However, the HR has enforced 3 month's notice and asking me to serve the same. Appointment letter says the management reserve the rights to enforce notice period during probation. and 3 months notice after probation. Please suggest if i can deny to serve the notice period. Also the appointment letter is silent regarding notice pay. Thanks
"You will be on Training cum Probation for a period of six months, which may be extended by the management at its discretion. At the end of the probation period, your services with the company would be confirmed subject to your performance meeting the requisite standards of continued assessment over this period. Until issued a Confirmation letter you shall continue to be on probation. However, the Management reserves the right to enforce the notice period at its sole discretion and upon confirmation notice period would be for 90 (ninety) days."
P. Venu
(Expert) 23 December 2020
You may inform the employer, preferably through a legal notice, that the condition is too arbitrary and hence, unenforceable.
Querist :
Anonymous
(Querist) 23 December 2020
Can I leave the organization without informing them by simply couriering back them the laptop and join the other company who doesn't need the relieving letter from my previous employer, since its just for a month.
What are the legal implications?
Will i need to pay them notice pay?
Rajendra K Goyal
(Expert) 23 December 2020
You said:
However, the HR has enforced 3 month's notice and asking me to serve the same. Appointment letter says the management reserve the rights to enforce notice period during probation. and 3 months notice after probation. Please suggest if i can deny to serve the notice period. Also the appointment letter is silent regarding notice pay
Reply:
You have accepted the condition, joined the concern, now management is enforcing notice period term as per appointment letter, it seems legal.
Rajendra K Goyal
(Expert) 23 December 2020
You said:
Can I leave the organization without informing them by simply couriering back them the laptop and join the other company who doesn't need the relieving letter from my previous employer, since its just for a month.
What are the legal implications?
Will i need to pay them notice pay?
Reply:
Any step which is apparently against the agreement / terms / ethics cannot be suggested / recommended. You are having the laptop and may be other charge, which need to be returned for relieving from the duties.
Legal implications: Company may sue you for payment of notice pay, damages etc.
Notice pay: With the given facts you are liable to pay.
Querist :
Anonymous
(Querist) 23 December 2020
I have already served for 3 weeks of the notice since I resigned. So in that case they will be recovering the balance notice pay.
Should i tell them to adjust it with notice pay and i ready to pay that or should i wait for them to initiate the talk?
Dr J C Vashista
(Expert) 24 December 2020
Terms and conditions accepted by you shall prevail and you will have to serve notice period or pay the amount.
Rajendra K Goyal
(Expert) 24 December 2020
Recovery depend on the terms of appointment. If part period recovery was agreed, company may not recover for the already served period.
