Can My Cousin Resign Quickly During Probation Without Serving a Full Notice Period?

Dear all,

One of my cousins has joined one of the well-known companies and has been working there for the last month. He is not satisfied with his job profile and work culture and wants to resign.

In the appointment letter, it is mentioned that the probation period will be six months and there is a clause for a notice period of three months from either side. However, the notice period clause does not specify whether it is applicable after the completion of probation or during probation.

Is he able to resign on short notice of one day or a maximum of one week? Or is he liable to complete the notice period during probation as well?

Please guide.

Kshiti

Normally, during probation, a one-day notice exists from either side. Your friend can ask the HR of that company regarding this notice period, and three months are generally applicable for permanent employees. It is best to clarify this with the HR department.

Regards,
NITIN

Dear Kshiti,

No, he has to serve a notice period; otherwise, there is no way to leave the company. If he wants to quit the company at the earliest, he has to pay for that. He must discuss this with the HR by providing them with some personal reasons behind his decision.

I hope my suggestions help you.

I agree with Sam.

During the probation period, one day's notice is sufficient from either side. He does not need to serve any notice period for that, but he should discuss it in detail with his HR.

Regards,
SJ

Hello Sam,

A few of our friends have specified that the industry practice is a one-day notice for Probationary associates. Please talk to your reporting Head and also the HR. The policy can be flexible at times. Please discuss; they may release you.

Regards,
Sushma Uday

I agree with you, Suku. If there is mention of a 3-month notice period in the appointment letter for all employees, irrespective of their probation/permanency status, then they have to serve the notice period or pay for the same. Nowadays, many companies have a 3-month notice period even for probationary employees.

Girish

Hi,

It's really surprising that the company has mentioned a 3-month notice period in probation; normally, this doesn't happen. Please advise your cousin to speak with the reporting person and HR; it will help sort out the situation.

Regards,
Shabnam Gupta

Hi all,

If he has agreed and signed on that copy (which states about the 3-month probation), he should abide by that. Otherwise, he should be prepared to pay for the remaining period along with some valid personal/health reasons.

Regards,
Uniquenaga :icon1:

Dear Shekher,

As per Indian law and labor rules, no one is liable for any cause of resignation during probation. However, your cousin had not signed it on the stamp paper.

Regards,
Shekher

Mr. Kishithi,

It doesn't matter for resignation during the probation period. Since you did not complete a 6-month probation, I could say that if you complete the 6-month probation, then you should give a notice period of at least 3 months as mentioned in your appointment letter. :)

This is a general and prevailing principle that no notice is to be given during the probationary period by either party; therefore, your friend may like to quit anytime. As far as the three months probation is concerned, this is contrary to general rules meant for employment, either permanent, temporary, or probationary. I guess this is some typographical error which the company has not yet noticed. And I suggest there should be:

"Once you are confirmed, you will be supposed to leave this organization with three months prior notice or depositing salary in lieu thereof. In case the company does not require your services anymore, your services will be terminated with three months prior notice or payment of salary in lieu thereof."

So friends, don't panic and go ahead to join a new job.

Best regards, Abdul Rauf
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Chandra HR,

It's not a matter of completing the probation, but it's for a day or two to resign. So, do not push him to complete 6 months of service with the organization where he has no satisfaction.

Dear [Name],

Regardless of the circumstances leading to your resignation, it is important to follow proper protocol. As advised by my friends, it is recommended to inform the authorities at least a day before your departure from the company. This will allow for a smoother transition and ensure that all necessary steps are taken before you proceed further.

Thank you.

Best regards

He cannot resign on one day notice period since it's not mentioned in the appointment letter. It means the three-month notice period clause will start from day one of employment.

I believe that any comment or suggestion given by an HR professional should adhere to professional ethics. Those who do not have faith in the profession tend to speak or comment without consideration. However, we must provide guidance with a professional perspective, regardless of the subject matter. I am ashamed to see when some of our friends make unethical comments.

Every employer has a valid reason for terminating an employee. Upon accepting employment, we agree to the terms of appointment, including salary, benefits, and leave entitlements. Similarly, the terms of notice pay/period must also be respected. If the notice period is specified separately for the probationary period, it applies accordingly. Otherwise, the notice period remains the same during and after the probationary period.

If an individual has a genuine reason for leaving the company before the agreed notice period, they can discuss the matter with the employer. Depending on the circumstances and at the employer's discretion, early release may be possible.

Dear,

As per my knowledge, an employee who is in the probation period can leave the organization on one day's notice. However, it has to be ensured that he has not signed any agreement regarding the notice period for probation. The notice period is applicable only after confirmation.

Regards,
Daleep Sharma

Hi all,

I too am facing a similar problem. I'm currently working in a company as an HR consultant. It has been 3 months now, and my total experience is 1 year. I was horizontally shifted across teams and job profiles in these 3 months due to my multitasking nature. When I had joined this company, I was not given much of a hike due to my trifling experience. Though I got some very good exposure and experience like handling teams and cross-functional work, I'm also facing lots of problems as they shift me to any team without any training. Though I'm able to complete it, I'm having lots of stress as the workload is folds more compared to a colleague who is earning almost double my salary. Since I've been moved so many times, I'm unable to consolidate the achieved targets, which depend on a monthly and quarterly basis. Though they never set targets, I feel bad for being unable to pen down my achievements.

The probation notice is 1 month, but will shifting again add problems to my career graph? Also, as it's a recession time, I don't know what step I should take.

During probation, you have to give a one-month notice period or provide your salary in lieu of that.

Well, advice is... Before going ahead with resignation and all, talk to the HR team :confused: about what makes you lose your job satisfaction and give them a chance to create a better work environment for you. If you are still not okay, serve a proper 30-day notice. That would be great. Since you are on probation, 30 days should be enough. One cannot always retain talent, so it's okay if we have to let go sometimes! :icon1:

My dear,

As per your appointment letter, you are bound to serve the notice period. It doesn't matter whether one is in probation or is a permanent employee. Generally, management waives off the notice period for probationary employees.

Thanks,
Manu

As a probationer, for a professional approach, and to follow ethics, it is always better to have an open discussion with HR and top management. This helps in maintaining good relationships either during or after leaving services, while also keeping in mind not to adopt a similar attitude in the next place.

Regards,
Bala

Notice Period During Probation

It all depends on the clause in the appointment order. If the appointment order mentions that the notice period has to be served during the probation period also, the concerned person has to serve the notice period; otherwise not.

Regards, Pankaj

I am also facing a similar kind of situation. In my appointment letter, it's clearly mentioned that during the probation period, there is a notice period. However, my manager is forcing me to serve 15-30 days, but my new company wants me to join in 4 days. What should I do? Please help.

Notice Period Clause During Probation

If there is no mention in the appointment order regarding the applicability of the notice period clause during the probation period, the said clause is open to interpretation. It is likely that the company may use this clause to its advantage. It would be better to seek clarification from the HR department in this regard.

There is no fixed rule regarding the notice period during probation; it varies depending on each company's policy.