Anonymous
Hi All,

I joined a company on 13th September 2021 and my offer letter agreement states "You will be on probation until successful completion of the probationary period is confirmed in writing." The notice period in probation period is 30 days and once confirmed, it is 90 days.

I have resigned on 20th September 2022 and my probationary period was neither confirmed before my resignation nor it is confirmed till date in writing as per the agreement. So, technically I think that I can terminate my service by giving 30 days' notice period. However, as per the resignation acceptance email, my notice period shows as 90 days, but I cannot serve 90 days' notice period and wants to serve only 30 days both due to requirement by my future employer and as per my existing company offer letter agreement.

I want to understand the legality of my notice period as per offer letter agreement and the possibility of early release if my employer doesn't agree for any type of negotiation.

Please advise.

From India, Hyderabad

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Madhu.T.K
3791

Until and unless you are confirmed in service with a communication in writing you are a probationer only and legally you come under one month notice period category. But the issue is that no HR manager/ employer will accept it so long as the employee leaving is a good employee. On the other hand, if the employee is not a good performer, the employer will give one month salary and ask him to go. You cannot move legally also because such a move will spoil your career and no prospective employee would like to retain an employee who is fighting with his previous employer. That is the risk. Therefore,an amicable settlement is the only solution for this issue.
From India, Kannur
Anonymous
Thanks Madhu for your quick reply.

If that is the case then employers can always play around right and employees cannot do anything but accept even after being correct as per agreement ? The problem is that it is not so easy to convince the manager sometimes to negotiate on early release becoz the outgoing employee is useless to them so they won't go out of box or try any efforts to release him/her early and in that scenario the employee looks for the options as per their agreement. Sometimes, there's only one option left, either accept the full notice period or discuss in context to the offer letter agreement. And I'm still wondering what negative feedback will they give when the debate was all abt notice period and not the code of conduct.

Please enlighten.

Thank you

From India, Hyderabad
Madhu.T.K
3791

In such scenario, the only option left is to accept their new notice period policy. You can also try to negotiate on the issue with the help of somebody who is acceptable to the Manager/ employer. You can even try to get help from persons from GST/ IT/ labour/ Pollution Control etc who are always in 'good terms' with the employers and or vice versa....
From India, Kannur
Anonymous
Thank you Madhu! Let me check for all those options and hopefully I would be able to resolve my issue.
From India, Hyderabad

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