Hi all,
I have one question regarding resignation under the probation period. In the offer letter, we have mentioned that you have to serve a notice period for 1 month during the probation period.
One of our employees is arguing that "there is no rule for resignation in the probation period for one month as per the law. I am giving spot resignation, and the company has no right to hold my salary." Is it true or not?
Nowadays, the company is holding his salary, and he is going to the labor office for legal action.
Kindly give me a suggestion on what I should do?
DIVYANG DESAI
From Nigeria, Sango
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I have one question regarding resignation under the probation period. In the offer letter, we have mentioned that you have to serve a notice period for 1 month during the probation period.
One of our employees is arguing that "there is no rule for resignation in the probation period for one month as per the law. I am giving spot resignation, and the company has no right to hold my salary." Is it true or not?
Nowadays, the company is holding his salary, and he is going to the labor office for legal action.
Kindly give me a suggestion on what I should do?
DIVYANG DESAI
From Nigeria, Sango
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Dear Divyang,
Yes, there is no specific law on the notice period. However, the employee has to follow as per the Appointment letter (duly signed). He also accepted and signed it at the time of joining. Kindly ask him to read the appointment letter carefully.
Please note that the Industrial Employment (Standing Orders) Act-1946, which is applicable to employees, provides for a probationary period of up to three months. Regarding termination and the notice period, the employee needs to serve the notice as mentioned in the offer/appointment letter.
As an HR professional, it is essential to strictly maintain and implement labor laws and company norms. No one can threaten you in this manner. If he wants to go to the labor court, he can, but ultimately, he has to follow what he has accepted and signed in the appointment letter.
*If the employer/management wants to release him with immediate effect, you can.
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94Yes, there is no specific law on the notice period. However, the employee has to follow as per the Appointment letter (duly signed). He also accepted and signed it at the time of joining. Kindly ask him to read the appointment letter carefully.
Please note that the Industrial Employment (Standing Orders) Act-1946, which is applicable to employees, provides for a probationary period of up to three months. Regarding termination and the notice period, the employee needs to serve the notice as mentioned in the offer/appointment letter.
As an HR professional, it is essential to strictly maintain and implement labor laws and company norms. No one can threaten you in this manner. If he wants to go to the labor court, he can, but ultimately, he has to follow what he has accepted and signed in the appointment letter.
*If the employer/management wants to release him with immediate effect, you can.
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The employee on probation is bound to serve the notice period as stated in his/her appointment letter. The final decision in such scenarios needs to be taken by the HR; they may permit the staff to resign immediately without any financial implications or require a payment in lieu of the notice period.
However, most organizations tend to relieve the staff immediately during their probation period without requiring them to serve the notice period or make a payment in lieu of it.
From India, Chennai
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However, most organizations tend to relieve the staff immediately during their probation period without requiring them to serve the notice period or make a payment in lieu of it.
From India, Chennai
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Withdrawl of Resignation and Notice period.doc