Probation Period- Notice Pay - CiteHR
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Am facing a strange turn in my career and require your help ASAP.In the present organisation that am working, the notice period in case of seperation is 3 months on either side, post 3 months of probationary period.I have been in the organisation for 10 months,but have not yet received my confirmation letter.Now, when i want to quit the job , for a better prospect, the HR reverts, saying , in the case of non issuance of confirmation letter , it is to be understood that I have been confirmed, else, I would have been issued an intimation for extension of probationary period.However, I argue that in the absence of confirmation / acknowledgement of confirmation , i can quit at q week's notice period as mentioned in my appointment letter. Pls advice , if what the HR says is right, legally.Please reply ASAP

HI, a strange situation. Well, if you are not given a confirmation letter, it means " you are on probation only". Unless and until your are not given a confirmation letter or the company does not states it, it is clear that you are on probation only.
Generally the terms and conditions mentioned in your offer letter will be applied. If mentioned 3 mths notice, you have to abide to it, and if not mentioned then no need. Generally 1 mths notice period is recommended. Go ahead with your resignation, and if you do not get satisfactory reply, you can move ahead to the labour office with a complaint.
I think this can help you......
Kavita Sharma

HiYes, ocourse there is no confirmation letter issued to you. So you can quit giving shorter noitce period. But you should have shown a proactive approach yourself ater three months.-Payal
It must be clearly mentioned in your Appointment letter that at the time of confirmation you shall be intimated with a written letter, else you wouldn't be confirmed.
So, definitely if you have not received any such documents in the form of confirmation letter then you are not confirmed anywhere..
So may quit the Job as a probationary only.
Amit Seth.

HI, if in ur appointment letter clearly mention 3 month notice period, and ur probation period is 3 month, after 3 month companys resposibility to inform u whether ur confirm or probation period extend, if company fail to inform ur automaticaly turn to confirm as per standing order. hence ur legaly bound to pay notice period as per appt. letter

Hello friend,
I presume that you are in HR. As a person form HR you can appreciate that at times the letters of confirmation may get delayed. One can argue on legal aspects for months [ year!!].
The best thing is to discuss with cool mind with HR head. Come to a mutually amicable arrangement of the separation. I am sure your patience and mature handling will help you in your career and also lead to a win win solution.
When you leave an organisation try your level best that your relationship continues to be cordial.

Hello, Dont let things get complicated just ask hr to releave or simply provide an medical priscription saying that you need to take rest for 1 month. Regards Invision
Yes. Your HR Manager is right here. Kindly re-read your appointment letter as well as employee manual. In many companies, there is a policy that if you do not received any message from your HR till the last day of your probation period then you are deemed to have been confirmed and entitled for all the provisions of a confirmed employee. In such case, if the management likes to extend the probation period of any employee they inform the employee at least 2 weeks in advance about its intention.
In some other companies they have policy which says that conformation will be in writing. In those companies it is the opposite. If they do not communicate anything to you, it means that your probation has been extended . They usually communicate their intentions to the employees that they confirm.

Some companies send across the communication is both cases. So, it all differs from company to company and as it is there is no standard policy or procedure.

Kindly read the employee hand-book of your company.

Thanks and Regards

Agree with Mr. Sanjeev. Please go through your appointment letter and under the probation/Confirmation clause. For example, please find below the probation clause

You will be on probation initially for a period of six months w.e.f. the date of joining. While your performance during the probation period will be assessed for offering you a confirmed employment with the company, you will be deemed to be automatically confirmed if you do not receive a written communication to the contrary within three days of the due date for confirmation. During the probation period either side will be at liberty to terminate this contract of employment by giving to the other three month’s notice in writing or salary in lieu thereof. It
shall not be necessary for either party to assign any reason for termination of the contract.
Hope this helps.
Joel C

For the benefit of others who'd like to have an extended notice pay, do visit Investing Money: Make severance pay Tax-free?
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