Company extended my probation period
8 months ago
Company has extended my probation period after one year but in my appointment letter one year probation period is mentioned. If will leave the company I also have to serve 3 months notice period which is mentioned in that offer letter. As I am not happy that they only extended my probation period I want to leave the company . Shall I have to pay back the retention bonus that I got 3 times quarterly and shall I have to serve the 3 months notice period if I leave the company now as the appointment letter contract is only for 1 year probation period .
A.Dear Client,
An employee in a Company is governed by the terms of employment i.e, the offer letter. If there is no specific stipulation in your offer letter specifying that the probation period may be extended based on your performance appraisal, then in that case, the company can not extend your probation period outrightly which may be treated as unfair trade practice if the matter is litigated. Similarly, if your offer letter specifies that during the probation period or thereafter, if you tender your resignation you have to serve 3 months notice period and refund back the retention bonus, then you are legally binding by the said conditions of your offer letter and breach of said condition, they may withhold your relieving letter and other settlement dues apart from other action/consequences which may affect your career adversely at the time of Back Ground Verification process when you would resume other Company/establishment. So, when you are not in the mood to continue with your present assignment, negotiate the matter suitably with the current Company. However, in case you found any condition of your offer letter or any action of the Company arbitrary and contrary to natural justice, then reach out to the office of the concerned Labor Commissioner for redressal of your grievance against the management.
An employee in a Company is governed by the terms of employment i.e, the offer letter. If there is no specific stipulation in your offer letter specifying that the probation period may be extended based on your performance appraisal, then in that case, the company can not extend your probation period outrightly which may be treated as unfair trade practice if the matter is litigated. Similarly, if your offer letter specifies that during the probation period or thereafter, if you tender your resignation you have to serve 3 months notice period and refund back the retention bonus, then you are legally binding by the said conditions of your offer letter and breach of said condition, they may withhold your relieving letter and other settlement dues apart from other action/consequences which may affect your career adversely at the time of Back Ground Verification process when you would resume other Company/establishment. So, when you are not in the mood to continue with your present assignment, negotiate the matter suitably with the current Company. However, in case you found any condition of your offer letter or any action of the Company arbitrary and contrary to natural justice, then reach out to the office of the concerned Labor Commissioner for redressal of your grievance against the management.
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