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Resignation in Probation Period - If the employer is preponing my date of separation, will it be called a termination and not resignation? - CiteHR

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Anonymous
I work in a company whose offer letter had a probation period of six months, wherein either party could terminate the contract without any notice. Now, I had given a notice period of two weeks, just out of ethical reasons while resigning. But, I recently received a document to sign where the date of separation is mentioned before my proposed date of leaving! Can anyone please elaborate on this. Is the employer not bound to relieve me on the date I mentioned? If the employer is preponing my date of separation, will it be called a termination and not resignation?
From India, Lucknow
p-lekha-jacobs
47

Simple answer - No.

Preponement of your relieving date is not deemed to be 'termination' from employer's side. There are various business factors attached to an early release of an employee - like position becomes financially unviable, no projects/ work coming in the near future, high billable cost for you, employee not performing well in the initial few days/ months, etc. - could be anything.

Also, please see if you have served the notice period applicable to your probation period. There has to be a notice period - it is written in those lengthy offer letters - typically it ranges from 2-6weeks during a probation period.

Practical advice: Please obtain a written proof that the the employer is releasing you earlier and "it is not you who is wanting to leave immediately" or say "you are ready to serve applicable notice period as per employment offer" - beacause there are unprofessional practices in place these days by many employers and unscruplous HR - they do release you early but demand a payment for unserved notice period and put the blame on you that you did not serve the full notice period and make you pay a hefty amount through by threatening legal action.

Other than that, there should not be any worry.

All the best for your new job.

From India, Delhi
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