Anonymous
HI ALL, I joined an IT company in August, and due to improper role alignment and I am not able to fit to the role, I want to resign now , I have bee working in this company for 2 months now and am on probation period, Can the company hold me for a notice Period during probation period? My Offer Letter States this:

Probation/Confirmation: You will be on a Probation period for the 3 months. Based on your performance your services will be confirmed with the company in written after 3 months. After Confirmation, your notice period will be for 3 months on either side.

Can they force me for a notice period without any clause during probation time? Urgent Help Needed?

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Tajsateesh
Recruitment/talent Acquisition, Career Counselling

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Madhu.T.K
3737

As per the contract of employment that you have with the company, they cannot demand any notice period but you can leave after putting the paper.
From India, Kannur
PRABHAT RANJAN MOHANTY
530

Dear poster,
As per your information provided in this post, your employer can not force you to serve notice period.

You send the communication quoting the clause that you are not bound by Notice Period as the services yet to be confirmed.

From India, Mumbai
tajsateesh
1641

Hello,
Generally Notice Period during the Probation is lesser than that during the confirmed employment OR the same.

However, since your Company seems to have forgetten to take this difference into account in the Offer Letter, you can as well use it.
Except that the guys who would come/join after you may find this disparity corrected with some Notice Period clearly defined during Probation also.
However, suggest make your exit as smooth as possible.

All the Best.

Rgds,
TS

From India, Hyderabad

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