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Notice period during probation
3 years ago
I recently resigned from a company 2 months after the joining since I was not satisfied with the job. The offer letter does not mention that I have to serve the notice while in probation but still the company is asking me to serve or otherwise pay the one month's salary. Is this legal?
A.To resign is a right of the employee: SC
Can’t be compelled to serve, says court in case of Air India employee
To resign is a right of an employee and he cannot be forced to continue, the Supreme Court has said in a recent order.
An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”
A Bench of Justices Arun Mishra and Vineet Saran made the observations while allowing the appeal of a former Air India engineer, who was refused his dues by the Central government carrier.
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Can’t be compelled to serve, says court in case of Air India employee
To resign is a right of an employee and he cannot be forced to continue, the Supreme Court has said in a recent order.
An employee cannot be compelled to serve in case he is not willing “until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.”
A Bench of Justices Arun Mishra and Vineet Saran made the observations while allowing the appeal of a former Air India engineer, who was refused his dues by the Central government carrier.
==================================================
If my answer is helpful to you then please give my FIVE STAR
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A.If it is not mentioned in the employment agreement then it is not legal to ask for serving the notice period.
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