Human Resource
Bhushan Dahanukar
Service - Hr Professional
Hr Generalist
Shipra Agarwal
Personnel Officer
Employed - Pvt Sector
Manager-placement & Student Welfare
Service ( Executive- Hr)
+3 Others

Thread Started by #lavena_dsouza

Dear Frds,
Please inform me if there is any LAW stating the Notice period to be served:
1) By the Employee, if the Employee is under probation?
2) By the Employer, if the Employee is under probation?
3) By the Employee & Employer if the employee is confirmed.
Request for a urgent reply along with the reference of the law.
Best Regards,
11th July 2007 From India, Mumbai
There are no specific Labour Law as such on whether an Employee is supposed to give a notice period after resignation. It is an agreement entered by both Employee & Employer that each of them would give suffucient notice period after resignation or firing an employee subject to the conditions as written in the Employment offer. This is irrespective wehtehr on probation or confirmed.
If there is no sufficeint notice period given it amount to breach of agreement.
Please relook at the employment letter. It always favours the Organization action.
Hope this helps.
11th July 2007 From United States, Canton
Mr. Anand’s statement is correct you go through your employment letter which was issued by organisation to employee at the time of joining. Regards Bhushan
11th July 2007 From India, Ulhasnagar
Dear Anand,
Well this clause of Notice period is there in our HR Policy, the same was not signed by this employee due to oversight by HR Dept. He has not contacted the HR dept before leaving the company and has directly informed his HOD and left.
Now can you inform me if he is still liable to serve the notice period of 15 days as per our policy.
Please reply urgently
Best Regards,
11th July 2007 From India, Mumbai
This is a contratual agreement. Irrespective whether he has signed it or not. The reason he has been drawing the salary based on the letter of offer which means he has agreed for the terms and conditions. It depends on what project he is working on. Say in a R&D setup if a Engineer is employed it involves lot of Confidential drawings and if he leaves the company without any notice, the Company can publish in The Newspaper about the risk of higiring him as well as the Company if suffered any dmage can file a Suit (criminal Case) under court of law.
If he runs away from the office you cant do anything about it as the current market is vulnerable and you get job everywhere and employers currently are not too concerned about the experice certificate. I face this regularly and I live with that!!!
11th July 2007 From United States, Canton
Hi Tina,

your query is replied seriatim.

1) By the Employee, if the Employee is under probation?

The employers generally keep the term of notice period in appointment letters to be given by hte employee/probationer in case of resignation.

2) By the Employer, if the Employee is under probation?

Generally, the employers keep a term in teh appointment letter that the services of teh probationer may be terminated at any time without prior notice and also without assiging any reasons to the probationer. So it is Obvious that employer may terminate the services of probatione without any notice.

3) By the Employee & Employer if the employee is confirmed.

if the employment is confirmed, both the parties are required to give notice in case of termination/resignation of employment by either side.

in view of the above, you need to check your appointment letter, whether there is any such clause therein ? If it is there, you will have to serve the notice period or otherwise you may resign with immediate effect.


12th July 2007 From India, Mumbai
Dear Tina,
There is no specific provisions made under law for notice period. This is agreement between employer and employee. The terms & conditions mentioned in appointment letter.
If employee resigns during probation, he can leave without giving notice to employer & employer need not deduct any notice pay from his dues. But if employee is confirmed & leaving in short notice, then as per terms about notice period, the employer has to deduct notice pay deduction from his legal dues.
Bhushan Dahanukar
12th July 2007 From India, Mumbai
1. Office Hours

The normal working hours are 9.00 AM to 5.30 PM with 30 (thirty) minutes lunch break, Monday through Friday and 9.00 AM to 1 PM on Saturdays.

2. Probationary Period:-

You will initially be on probation / training for a period of Six (6) months from the date of commencement of employment, after which, your performance will be reviewed and if found satisfactory, your appointment will be confirmed in the Company on any additional terms and conditions. If your performance is found unsatisfactory, the probation / training period may be extended until the Company expressly confirms your employment. This probation / training period would be computed excluding any leave that you may take, for any reason, during the Six (6) months immediately following the date of commencement of employment.

During the period of probation / training you would be imparted with training and on successful completion of the training; your services may be absorbed by the Company. You would have to execute the Bond Agreement at Schedule .

During the period of probation, any severance of relationship either from your side or from the Company’s side could be affected by either party giving to the other, Thirty (30) days written Notice of their intention to severe the relationship of Employer-Employee.

3. Confirmation:-

At the end of the period of probation/training your services will either be confirmed or your probation / training extended depending on your performance that would be monitored every quarter.

On confirmation of your employment, any severance of relationship from the Company’s side could be effected by giving you, Ninety (90) days written Notice of our intention to severe the relationship of Employer-Employee. However, in the event of any Misconduct or on any Omission or Commission committed by you, which would prejudice and be detrimental to the interest of the Company, the Company is entitled to terminate your employment/Services with immediate effect with or without prior notice.

4. Whole time service/employment:-

After the successful completion of the probation / training your Services may be retained/engaged by the Company on a whole time basis; You shall not engage or associate yourself directly or indirectly in any manner, whatsoever, in any other Post or Work Part time or pursue any Course or Study without the prior written permission of the Company. You shall not directly or indirectly be connected with, concerned, employed or engaged in any other business or activities whatsoever, without the prior written permission of the Company nor will you be entitled to accept any Emoluments, Commission or Honoraria whatsoever on any account.
12th July 2007 From India, Bangalore
Dear Anand,
I would like to differ from your opinion. If the employee has not signed the agreement i.e. the appoinment letter, then he is not liable to serve the notice period as there is no comtract per the provision of Indian Contracts Act. And if its a case of normal resigning without serving the notice period(And the appointment letter is also not issued) then i think it will be unethical to publish in newspaper.
12th July 2007 From India, New Delhi
Hello all,
Here it looks my story is going on.. Pls guide me
Is it necessary to serve notice period even it is written in Appoitment letter which states employee shoud give 1 mth notice..
Whats Indian Law states to this...
Need Urgent Reply...
11th January 2011 From India, Delhi
I would like to know if a employee is in probation period and during probation if the employee want to resign the company ask for 3 months of notice period and the employee wants to leave the company however he has completed the one month of notice period. Now the question is can the company take any legal action toward the employer for leaving the organization earlier.
17th September 2014 From India, Delhi
It all depends on the terms and conditions of appointment offered to an employee. Generally, during probation period, employee need to give 3 mths notice, and if confirmed, then 1 mth notice. Its upto the employer, who can waive off the notice period fully or partially.
If during probation, employee leave the organization without serving full notice period, certain amount is recovered from him / her, which is normally, total emoluments drawn or maximum amount, as set by the org, in appointment letter.
12th January 2016 From India, Delhi
what i will do when a permanent employee lest his service without 15 days notice. please tell us what is law against his full & final .
5th April 2017 From India,
what i will do when a permanent employee left his service without 15 days notice. please tell us what is law against his full & final .
5th April 2017 From India,
I have quit my job with no notice period .I was on probabtion for six months out of which I completed three months and I could not continue the appointment letter it states that I needed to give a fifteen days notice period.
Please let me know if they can take any legal action or they will forgreit my last salary .
13th March 2019 From India, Mumbai
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