I have resigned from my previous job in a Limited Company and could not serve the required notice period due to some reason. As per my Agreement Letter the following was mentioned over there under Employment Head.
B. Employee will be on probation for a period of 6 months unless confirmed earlier. Upon satisfactory probation considering your work and conduct, may be confirmed in writing, in regular cadre of the company. The period of probation is extendible at sole discretion of the Management.
E. During probation at sole discretion of the company your services can be terminated without any notice whatsoever. You will be required to give 1 month notice in case you wish to leave the company. On confirmation either side will have to give 30 days notice, otherwise 1 months salary will be deducted subject to a maximum 3 months. For purpose of calculation of experience period in the organization the traineeship/ probation period will be taken into account. No leave shall be applicable during notice period. You are to get the clearance from the Director's, HR, Regional Manager and Accounts before leaving the company.
Now, my query is whether the above condition (condition E) is at all valid or not as during probation the company will not provide any notice period whereas the employee has to serve 1 month notice i.e., the clause is not same in either side.
Though I have completed around 8 months in the Organisation, the company has not serve any confirmation to me. Hence could this 8 months be taken as probation period as the company has not confirmed me in writing as per Condition B above.
I need expert's view and suggession on the above. Please Help.
