Gaurav Betsan (Testing) 21 December 2010

Resign during probation?

One of my friend has resigned from his organization after serving for 4months. In the appointment letter it is mentioned that he will be on probation for 6 months, nothing is mentioned about the notice period during the probation.

Also there is one more clause during the specific period say 15th November to 15Feb if the employee resigned there is a 3 months notice period and my friend resigned on 24th November. This specific period clause does not conation anything likethe 3 months notice period is applicable to confirmed employee or employee on probation.

My friend has given the one month notice and the HR and project team decided released him in 15 days. After giving Exp and relieving letter now they are saying you must have served for 3 months notice and all or else need to pay notice period amount.

Any advice. Dowes he eliable for getting the F&F or not? he received Exp and Relieving letter.

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7 Replies

Isaac Gabriel (Advocate) 21 December 2010

The employer might have waived the notice period salary while issuing Exp and service certificate..

V. VASUDEVAN (LEGAL COUNSEL) 21 December 2010

provide the extract of the conditions of appointment. There would be some clause regarding notice period during probation!

Gaurav Betsan (Testing) 23 December 2010

Hi Below is the extract of the condition from Appointment letter

"You are further aware that business of the compnay is seasonal and hence it is imperative for the compnay to have its entire manpower during the busy season i.e. from 15th November to 15th April.It is therefore provided that during the busy season if you resign from your services you will be required to give a notice of 3 months or a short period calculated from the date of your resignation to last date of the busy season provided however the notice period in any case can not be less than 30 days."

Gaurav Betsan (Testing) 23 December 2010

Hi Below is the extract of the condition from Appointment letter

V. VASUDEVAN (LEGAL COUNSEL) 23 December 2010

In the absence of express condition of notice period during probation, the proviso relating to seasonal period notice would not apply to you. Normally for a probationer, maximum notice period applicable is only 15 days.

Gaurav Betsan (Testing) 24 December 2010

Company gave the Exp and relieving letter. Now they are saying they can not release all F7F as there is the clause mentioned abouve. Should one go against the same in Labour court. Please advice