My probation period is ending in 20 days, and I informed them that I will be discontinuing my job after that because of my parents' health. In the contract, it is written that I have to inform them three months in advance if I wish to resign. Is the notice period valid even after the probation period ends? Do I need to follow this notice period? Please help.
From India, Amsaur
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From India, Amsaur
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In India, the notice period specified in an employment contract is generally applicable even after the probation period ends. Therefore, if your contract states that you need to provide a three-month notice period before resigning, this requirement is likely valid post-probation as well. Here are some practical steps you can consider:
Review Employment Contract
- Carefully review your employment contract to understand the exact terms and conditions related to the notice period. Pay close attention to any clauses that mention the applicability of the notice period post-probation.
Consult HR or Legal Advisor
- Seek guidance from your HR department or a legal advisor to get a clear interpretation of the contract clauses. They can provide insights into the legal implications of resigning without adhering to the notice period.
Discuss Personal Circumstances
- Have a candid discussion with your employer about your parents' health issues and the reasons for needing to resign earlier than the stipulated notice period. Express your situation sincerely and see if there is room for negotiation or flexibility.
Negotiate an Amicable Solution
- Try to negotiate a mutually acceptable solution with your employer. This could involve discussing the possibility of a shorter notice period or finding alternative arrangements that work for both parties.
Consider Consequences
- Be aware of the potential consequences of not following the notice period requirements. This may include financial implications or impact on future job references. Evaluating these consequences can help you make an informed decision.
Remember, communication and transparency are key in such situations. By approaching the matter professionally and respectfully, you may be able to find a solution that accommodates your personal circumstances while also meeting the contractual obligations.
From India, Gurugram
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39Review Employment Contract
- Carefully review your employment contract to understand the exact terms and conditions related to the notice period. Pay close attention to any clauses that mention the applicability of the notice period post-probation.
Consult HR or Legal Advisor
- Seek guidance from your HR department or a legal advisor to get a clear interpretation of the contract clauses. They can provide insights into the legal implications of resigning without adhering to the notice period.
Discuss Personal Circumstances
- Have a candid discussion with your employer about your parents' health issues and the reasons for needing to resign earlier than the stipulated notice period. Express your situation sincerely and see if there is room for negotiation or flexibility.
Negotiate an Amicable Solution
- Try to negotiate a mutually acceptable solution with your employer. This could involve discussing the possibility of a shorter notice period or finding alternative arrangements that work for both parties.
Consider Consequences
- Be aware of the potential consequences of not following the notice period requirements. This may include financial implications or impact on future job references. Evaluating these consequences can help you make an informed decision.
Remember, communication and transparency are key in such situations. By approaching the matter professionally and respectfully, you may be able to find a solution that accommodates your personal circumstances while also meeting the contractual obligations.
From India, Gurugram
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