Probation Notice Not Served - CiteHR
Sathiyaseelan
Organizational Development, Self Managed
Ssandeepp
Service
+1 Other

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Hi
I was on probation period for 3 months but after completion of 4 months also no feedback came from management, when i called for it then i was informed that performance is not upto the mark and they gave me one more chance to perform .
So i resigned with immediate effect since my appointment letter and offer letter do not contain any notice period clause nor do any clause showing autonomous conformation after probation period.
During the course of my probation they made me send a mail to all employees that notice period has been changed from 1 month to 3 months being an Internal HR we made everyone sign the letter including myself.
However they are now asking me to serve 3 months notice period or else they will take legal action.
Is this legally valid .

If a probation extention / termination letter is not given to an employee before completion of probation, he is considered become permanent as per law.
Also, if the offer letter does not mention the notice period you dont hace to serve them, as it is the legal document signed between the employee and the employer.
Regards
Sathiya

If the probation completion letter not acknowledged it is the Management flaw and can leave service immediately on serving resignation if your probationary offer doesnot seek for notice period. Rgds bala
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