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In 3 months my contract will be over and, now the HR are asking for those who would like to resign to submit their letter but, the things is it says there in the Memo that only employees with regular status can do so.

My question is: Can a probationary employee cannot resign?

I mean isn’t that so unfair because I just have to wait whether they would rehire me or not but I cannot decide if I still want to stay. Will somebody shed some light for me? I’m from the Philippines by the way. I really want to resign now because I don’t want to stay anymore.

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  • They're asking you to resign, but in your memo it says you cannot resign. Tell them that and see what they want you to do.
    – Mikey
    Commented Jan 28, 2019 at 13:51
  • @Mikey sounds like the OPs company is doing a voluntary redundancy scheme to cut costs.
    – user1666620
    Commented Jan 28, 2019 at 13:55
  • What is it that you're hoping for? If you just want to leave, then that should be relatively easy while under probation (that's the whole point of probation after all, to make it easy for either party to walk away). If you're hoping to take advantage of some benefits that employees get after probation, you're probably going to be out of luck, but it's worth asking the company to clarify.
    – delinear
    Commented Jan 28, 2019 at 14:27
  • The last time people weren't allowed to resign they were building the pyramids I believe.
    – solarflare
    Commented Jan 30, 2019 at 4:05

4 Answers 4

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This sounds more like HR asking people if they want to avail of voluntary redundancy rather than simply asking people to resign or firing them.

It would seem reasonable that people who are on probation or haven't worked there for a suitable length of time could be excluded from a voluntary redundancy scheme, as typically the company pays people a certain amount to resign. Most probationary periods allow people to be fired with short notice and no compensation so wouldn't qualify for redundancy.

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  • "zero notice" - very jurisdiction dependant. In Europe "one week" is typical (when the normal contractual notice period is upto three months).
    – Martin Bonner supports Monica
    Commented Jan 28, 2019 at 15:20
  • @MartinBonner Depends where in Europe you're talking about - here in Ireland the Unfair Dismissals Act does not apply to employed during their probationary period, and probation can be up to 1 year in length (but in the vast majority of cases is more like 6 months). So long as the notice period during probation is specified in the contract, it can be any length of time (mine specifies one week notice period). I believe it's similar in the UK. However I take your point and have amended the answer.
    – user1666620
    Commented Jan 28, 2019 at 16:14
  • Yes, by "one week is typical" I meant "one week is the notice period that has been written into every contract I have had in England, Germany, and Switzerland". My comment would have been better as "very culture
    – Martin Bonner supports Monica
    Commented Jan 28, 2019 at 17:10
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It sounds like two events are happening here.

Your company is in the middle of downsizing so they are asking people to resign as in the Voluntary Redundancy ploy. It's basically asking people to resign and get a severance pay. The goal is to downsize the company without firing a lot of people. It shouldn't affect probation employees since in theory they are new hires and they have yet to qualify as a full time employee. So you would be excluded in this program.

The other event here is you want to quit but don't know how. Explain to your boss you'd like to quit and want to put in your notice. It has nothing to do with the matter stated above.

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You really need to ask your manager.

But since you're still in the probation period, there's going to be a process surrounding you ending your probation period early, and you may not get the benefits that a full employee will.

But if you ask, you may get some additional benefits.

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You should check your contract, When you are on probation period, it have to have a clause, regarding their and your right and procedure of terminating the contract.

Usually, your employer AND you can say goodbye with minimal notice period, perhaps even in days notice, without any complications and penalties

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