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If Employer didn't accept resignation can we leave after serving NP.
12-Mar-2023 (In Labour & Service Law)
Hello,
I am working in an IT Company & according to my appointment letter my notice period is 1 month under probation period. I have given my resignation under probation period but employer didn't accept it till now. Almost three weeks have been passed out after giving resignation. They are saying to me to serve 2 months of notice. But according to appointment letter its 1 month and i have also extended it by 1 week. Now i'm serving 1 month 1 week notice period.
Questions:
1) Can i leave organization after serving notice period?
2) If i leave then employer can take any legal action?
if your appointment letter specified 1 months notice to resign you have done the right thing in terms of the appointment letter , if the Employer is saying 2 months then write to him that as per appointment letter it is agreed to be 1 month, and inform him that as the notice of one month in advance is given you are entitled for your wages/salary for the notice period, you take the salary at the end of the month,if they pay you, send a copy of your letter to NASSCOM if your Employer is registered with them or otherwise, to Govt. Employment exchange though you may not have registered your self on the employment exchange. Do not worry when you are acting as per appointment letter, inspite of it if your Employer creates any problem or issues legal notice etc.consult a lawyer.
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Adv. Datar Vilas R
Bangalore | 25+ Answers
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What is the rule of probation period?
This period of probation is designed to help new employees and those who have recently joined the company better understand their work culture. This period of trial usually lasts from 3 months to 1 year. During this period, the manager or senior employees evaluate whether the candidate is a good fit for the organization or not. 10 Oct 2022
Is notice period applicable during probation?
Probation Period Rules In India
If you wish to leave the company during your probation period, then you will need to give your notice. A probationary appointment is a temporary appointment. 22 Apr 2023
How much notice do I give in probation period?
If you do not have a fixed term in your employment contracts, and an employee leaves before the end of their probationary period, they are required to give statutory notice, which is a minimum of one week.
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