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Arun Gupta (SSE)     12 July 2014

Resignation during probation period

I am in IT company based in Mangalore, Karnataka, where I had joined exactly 1 month ago. And I had resigned their\, As I had got an offer from a good organization. I am not find this suitable for me. They are having very improfessional work culture. I had given them a notice period of 1 week via official email id, which they yet not acknowledge. Inspite of that they are always in verbal talk, their is no communication on email. And they are saying I need to serve notice period of 2 months. As per my appointment letter, their are two important clauses :

Probationary Period: You will be on probation for a period of three months from the date of joining after which you will be confirmed in writing subject to our satisfactory performance. However, if the performance during this period is not satisfactory the company will have a right to either terminate your services during the probationary without any notice or extend this period of probation for a period deemed fit by the company.

Resignation & Termination of Employment: This contract of employment between employee and company may be terminated due to employee's resignation or retirement or reduction in headcounts due to business conditions or any disciplinary actions etc. The notice period for resignation/termination of services by the company will be 60 days. In case you leave the employment without notice, the company shall have the right to deduct 60 days of salary from any payment that may due to you. In the event of termination of your employment your account will be settled, only after you return properties of the company, correspondence or any other material entrusted to you.

 

Now my questions are:

1. They can force me to serve 60 days notice ?

2. What can be legal implication on that ?

3. Which authority/redressal forum I need to go to sort out this matter ?

 

Thanks in Advance for suggestions



Learning

 2 Replies

Rangee (Lawyer)     12 July 2014

hello,

60 days of notice is not applicable during the probationary period. But you have to return all the property of company and obtain relieve orders. Since you have already resigned wait and see. Do not keep any company,articles with you. 

Yours

Rsksisngh

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 July 2014

The probationary period usually runs from six months to one year and gives the supervisor or manager an opportunity to evaluate an employee's performance and conduct on the job, provide remedial opportunities and, if it is necessary, remove or reassign the employee.


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