Does an employee have to serve notice period even if he/she is not confirmed?

Hi i have resigned from my duties form the place i am working due to personal issues. I have already completed 7.5 months but still not confirmed. The offer letter mentions that you may resign from the University’s services with a written notice period of three months. Shortfall in the notice period may be adjusted with equivalent monthly salary at the discretion of the University. Further, the University may terminate your services without assigning any reason whatsoever by giving one month notice in writing, or by giving one month salary in lieu of the notice period. When i went to the dean to speak about my resignation the 1st point she kept was if you do not serve 3 months’ notice you need to pay back or face legal action .

capricorn0512, posted on February 13, 2013 at 04:26 pm    Work ethics

Nishta Gupta said February 14, 2013 at 12:41 pm

Dear Capricorn,

From your question, it seems that the offer letter does not mention anything like a probation period. Some organisations don't have it and hence there is no confirmation required as it seems to be in your case. If this is the scenario, then legally they can charge you for the 3 month notice period. This is applicable only to the basic salary which is normally 50% of the entire salary. But I would suggest that you read the offer letter carefully for any loopholes. If as per the offer letter, the University needs to confirm you, then you don't need to pay up for the notice period.

If you have any friend in the HR department, I suggest that you talk to him/her for a viable solution rather than approaching the Dean directly. When you leave the organisation, you should ensure that you have a relieving letter and experience certificate. Sometimes the solutions are far less complicated than we make them to be.

Best of luck from Fixerline!

capricorn0512 said February 14, 2013 at 12:58 pm

Thanks for the reply.
The offer letter mentions about 6 months probation.But i have completed 7.5 months but they have not yet confirmed me nor the have informed me about the delay in confirmation.

Nishta Gupta said February 14, 2013 at 01:40 pm

If the offer letter states that the University needs to confirm you then the notice period pay clause is not applicable to you. Normally, this is the case but nowadays some organisations use shady tactics to hold on to employees by issuing some circulars/policy updates. I would suggest that you confirm this unofficially from some senior person/friend in the organisation also. This could be an HR lapse as well wherein they did not confirm you.

I suggest the following:
1. Be confident.
2. Build your case legally.
3. Share the implications with the Dean that it will cause them bad reputation if you share this information with existing employees and students. While it may be big money for you, it is only a small sum for the University. Hence, it is best to have an employee leave the organisation in good humor.
4. Before you quit the organisation, you should share your experience with other employees.

Fight for your rights till the point you dont harm your own interests long term. Happy fixing!

capricorn0512 said February 14, 2013 at 02:34 pm

Thanks so much would get back to you with the developments in my case.

Nishta Gupta said February 15, 2013 at 09:42 am

Sure, Thank you!

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