Anonymous
hi all,

i have been working in a company for last 1 month and I am still on probation period, I like to leave the company but they are saying I have to serve 2 months of notice period. But it has not been specified in the offer letter that I have to serve notice period while I am in probation period. the following lines are from offer letter, can you please tell me do I have to serve notice period or not.

33. Training and probation.
33.1 Employee has to serve Training and Probationary period for 3 months. Upon successful completion of
Training and Probation the services of the employee would be confirmed with the Company.
33.2 Since initially employee would have to go through the training for the process he/she will work for and it is
very much required that he/she is giving proper attendance and showing sincerity towards the training.
Hence, there would be no leaves allowed during the probation period unless it is very urgent and for the
same HR Dept should be informed and approves the leave in advance. Although any such leaves would
also be a Leave Without Pay.
33.3 During Probation period employee has to work with sincerity and performance should be as per company’s
expectation. If employee found non performer or found involved in some unethical acts or breach any
company policy, then the company can take action against him or her and may discontinue the services of
the employee with immediate effect.
33.4 Company has reserve the right to extend the Probation/Training period of any employee depends on
the different circumstances like Performance, Absenteeism, Unethical Acts, Policy Breach and on other
grounds. If an employee fails to full fill the above mention parameters or one of them so company can
extend the Probation/Training period which can be more than 3 months.

34. Notice Period
34.1 All Employees irrespective of department or designation will be required to serve 2 months’ notice
period from date of resignation.
34.2 During the notice period employee will not be eligible to avail leave, if in case of any emergency the
employee avails leave(s) then it will impact his/her notice period duration. Notice period will be extended
by the equal number of days for which the employee has availed leaves during the Notice Period.
34.3 If an employee resigns then his current month’s salary will be put on hold and will get processed along
with the full & final settlement.
34.4 Complete salary and Bonus till last working day will be paid to all the employees who will judiciously
serve the entire notice period.
34.5 In case an employee fails to serve the desired notice period then the remaining notice period amount
will be recovered from the employee and service certificate will be given only after clearance of no-dues
certificate.
34.6 The Company may at its sole discretion waive all or part of the notice or allow you to pay in lieu of
the notice. Any resignation would have to be accepted by the Company to become effective.

From India, Indore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager

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umakanthan53
5884

To my understanding, the poster has to serve a notice period of 2 months as per clause no. 34.1 of the offer letter.
If the reason for his resignation is very urgent, he can request the management to allow him to exercise his buy out option and accept the same as per clause 34.6.

From India, Salem
rkn61
559

In your offer letter, clause of notice period is very clearly mentioned. You need to abide by the terms specified in your offer letter
From India, Aizawl
yessirvijaya@gmail.com
6

The offer letter clearly states under clause No.34, you have work during the said notice period or alternatively, you may have to request the Management to waive off under the clause no. 34.6.
From India, Hyderabad

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