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Author Topic: Resignation in probation period after 6 working months  (Read 932 times)

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Offline sandip33

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Resignation in probation period after 6 working months
« on: January 22, 2018, 12:13:01 AM »
I am working with a multinational engineering company (Head Office- out of India) in Pune, India.  Now it’s been 8th working month with current employer and I now have received a suitable job opportunity with another company.

As per current employers' “Employment Agreement (EA)”, Claus about probation period, states below mentioned points;

Probation Period
1. You shall be on probation for a period of six months after joining.
2. Upon completion of the probation, your will undergo a confirmation review process and based on the outcome of this process your confirmation will be communicated to you in writing, till such time you will continue to remain on probation.
3. The probation period can be extended up to a maximum of nine months.
4. During probation either party can give a 15 days’ notice period and terminate this Employment Agreement.

I have not been reviewed for my probation period and till date not received any confirmation letter in writing from HR/ employer. At this condition, I have resigned and given the 15 days’ notice to employer, but employer refusing to accept 15 days’ notice period with giving below reasons to my request emails to accept my resignation.

1. 15 days’ notice is not applicable as probation period has expired.
2. Notice period given is not sufficient for a suitable transition to occur in relation to this or other active work you are doing.
3. Unfortunately we cannot accept the short notice period that you have given. We are in the middle of an important work; a couple weeks’ notice does not work for the business.
4. It is a very busy time and 2 weeks’ notice is not appropriate at this time. (Employer asking for 1.5 month notice period, to accept my resignation.)
5. Give me contact details of your new employer and allow me to talk with your new employer to seek the extension with joining date of new job.

It will be great help from you, if you advise me on this situation and below points

1. As I have given the resignation and asked for 15 days of notice period as per EA, Is company have right to refuse that resignation?
2. Is the acceptance of this resignation is required from employer side, as I am working for 15 days of maximum notice period, applicable for me at this situation?
3. Further advise me what employees and employers rights in this situation.
« Last Edit: January 22, 2018, 12:15:17 AM by sandip33 »

Offline kalaskarkk

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Re: Resignation in probation period after 6 working months
« Reply #1 on: February 02, 2018, 01:27:46 AM »
Dear Sir,

Apart from your formal representation/resignation, it requires a strong legal notice to your employer which force him to accept your resignation which enables you to join a new job. Please send relevant documents by email to prepare legal notice.

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
Call me for clarification

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