Can I Resign Without Notice During Probation if My Offer Letter Says Otherwise?

Hi all, I am currently in a probationary period (6 months) without compensation in a small organization. I was given the offer letter, which states that I need to give 1 month of notice before leaving the company. I have completed 4 months as of now and have now received a very good offer from another company. My doubt is, can I resign without giving the 1-month notice as mentioned in the offer letter? Are the rules stated in the offer letter applicable to the employees under probation? Also, I am not under any contract or bond right now. Somebody, please clarify.

Thanks.

Hi Krishhema, I want to ask, are you working as an employee or a trainee? Because if you are an employee of any organization, you should receive compensation.

Secondly, generally, there is no notice period during the probationary period; you have to serve the notice period when you get confirmed with the company. Kindly confirm with your HR person regarding this. As I don't know what exactly is written, I can't comment on that. Alternatively, try to settle the matter with a mutual understanding of your employer.

Regarding the rest of your doubts, you should consult your HR/Admin personnel. Discuss this matter in a generalized manner without disclosing your situation to them, and then decide your plan of action.

Regards,
Purnima

I think it totally depends on the clause in your offer letter. Having said that, you should read your letter carefully. If you cannot complete the notice period, any alternative (similar for the company's side) would be suggested, such as payment in lieu of notice (as the salary in your case is "0").

Check whether you are in training or probation. In probation, you are eligible to receive almost all compensation like a confirmed employee. Please state the exact statement of your offer letter for clearer views.

Hello Ratushar,

Being a probationer and having worked for only 4 months, what compensation will he receive? Please clarify.

Regards,
P. Mohan Gandhi

What I understood from his email is "He is not getting anything as compensation (money/account, etc.) from his existing employer."

As a probationer, I think he should be compensated with a monthly salary, or let's designate him as a Trainee/Apprentice. When you bring someone on board in a company, they should be compensated for their work unless they have received significant training, certification, or other benefits like attending college.

I stand to be corrected!

Hi Krishhema24,

Before answering your question, let me first introduce myself. This is Krishnaveni, working as an HR Manager, and I recently joined this site. Hi to all my friends and the employees visiting this site. I wish you all the very best for your future. I am happy to become a member among you all today to share knowledge. Once again, hi.

Krishhema, based on my knowledge and experience, notice periods of one or two months do not apply to members in the probation period. Only after completing the probation period are you eligible for the company's terms and conditions. This is why we do not provide paid leaves to those in the probation period. If you have a good opportunity now, discuss it with management. If you are a good performer, they will likely consider your case and may offer a better salary than your current offer. However, if they insist on a notice period due to the training provided, serve a one-month notice period. Since you joined the current office with good intentions, maintain the relationship. Also, inform the new office that you need to hand over your duties and responsibilities to someone else before joining in one month.

I hope my advice provides a good suggestion to you and all my citeHR friends.

Goodbye for now,

Krishnaveni

Yes, you have to serve the notice period because it is mentioned in your offer letter, which you accepted at the time of joining. You have already given approval to this term, so there is no other way; you must either serve the notice period or pay for it.

Jyoti

Hi,

Yes, the notice period should be served during the probation period, but in your case, there is ambiguity since you mentioned there is no compensation. It is better to sort out the issue amicably by sitting with your HR.

Regards, Sreekumar.N Chennai

Hi Krishhema, you stated that you have received only an offer letter. I don't think the offer letter contains anything about the terms and conditions except for very few basic pieces of information. If you don't receive any subsequent letter of appointment order with detailed terms and conditions from your employer, don't worry; no rule can bind you to serve the notice period.

Advice on Notice Period During Probation

Please go through the order once again carefully. The appointment letter might have an alternative option instead of a notice period by means of paying your salary. Generally, during probation, the notice period will not apply to the employee since the title itself is probation (Training).

Also, I don't understand the concept of "without compensation." Do you mean that you are working for free of cost? If yes, don't bother about your notice period. You can straight away submit your resignation and challenge the issue because it is your survival as well as exploitation by the employer.

Again, advising you before doing so, read carefully whatever letter you have and ask your colleagues about the practices of the company in similar cases like yours for a better understanding.

Giving positive or negative advice by others is very easy, but you should be very cautious in your determination as per the prevailing circumstances.

Dear Krishhema, if you have an urgency to join the new organization, then you should talk to them about your notice period in the current company. If they are ready to wait, there is no issue. But if they want you to join on an urgent basis, tell them that the current company may not give you an experience letter. Other than that, they can't do anything as you are not paid. This is what I feel.

Dear,

Generally, probationers don't need to give any notice period or compensation if they leave the job during the probation period. I also suggest you check the standing order of your company if your company has a certified standing order. In the standing order, this should be mentioned clearly.

Thank you,
Sudhir

I agree with Krishnaveni's comments/suggestions. The company recruited you and is providing training on the basis that you will serve the company to the maximum (at least). Moreover, you would have a better offer by adding your current offer/training you've been given by this present company in your CV (maybe). So there is nothing wrong in serving the notice period.

Regards,
Ravikumar S.

Please study very carefully the terms and conditions mentioned in your Appointment Letter. It will surely have a clause addressing the probationary period. Yes, you are obliged to comply with these terms and conditions which you accepted when joining the company.

By saying "without compensation," maybe you mean "without confirmation" (I am only guessing). Surely, you would not be working without compensation. If you are required to give one month's notice before leaving the company during the probationary period, you have to comply with this stipulation.

Best wishes,
Vasant Nair
Director
Karma-HR

You don't need to give any notice as you are still in the probation period, and it should not be mentioned in the offer letter.

Please let me know if you need any further assistance.

I think from what I understood from your query:

1. You have zero compensation.
2. You are on probation and you want to leave early.

There is always a clause where if an employee doesn't want to serve the notice period, they have to give salary in lieu of it. So if that is zero, you possibly don't have any problem in leaving.

Still, I am not the subject matter expert, so discuss the matter before taking any action. One should always take a justified approach to be successful in life; this is what I believe.

Thanks & Regards

Employee and Employer Relationship During Probation

An employee and employer relationship is bound by mutual understanding with norms and responsibilities. During the probation period, you can leave your job at any time, or the organization can relieve you at any time. However, if there is a written agreement that both parties have accepted, then both you and the organization must adhere to it, whether it involves giving notice or making a payment in lieu of notice (no salary for the month).

If you have the opportunity for growth, you should pursue it. Discuss with your existing HR if they allow you to leave the job with your salary intact. If not, consider the new opportunity as salary should not be a deciding factor in comparison to your growth and career prospects. Good opportunities do not always come knocking at your door.

Regards,
Ohmeto

Probation Period and Resignation Rules

A 6-month probation period is allowed to help you assess your fit within the institution, or for the management to determine if you are a good fit for the institution. You may resign from the service by giving one month's notice. However, you have not mentioned the contents of your acceptance of employment and other conditions of appointment. If you wish to do so, you may contact me via email at [Email Removed For Privacy Reasons]. The rules are different for acceptance in SBI, WBCS, and IAS jobs.

Regards

Hi KRISHHEMA,

I suggest that you speak to your HR Department. From my understanding, the offer of employment letter does not cover the terms and conditions of employment the same way it would be in the contract.

Hi friend, I have 8 years of work experience in HR-related activities, so I generally agree with the suggestion of Mr. Pselvam.

In Our Country's Law:

1. The probationary period for non-managerial positions is 45 days.
2. During this period, all benefits are secured, except for the Provident Fund.
3. Either of the contracting parties can terminate the contract of employment by giving immediate notice.

Hence, please refer to:
- Your country's labor law
- Your terms and conditions of employment
- Consult experienced employees of your company and your HR manager professionally.

Goodbye.

Engaging an employee for work without compensation is itself an offense, and any offer letter to that effect is bad in the eyes of the law. So it would not have legal binding on it. You can just ignore & proceed.

Hi Friends,

I am Fiyaz, working as an HR Associate. According to ISO policies, there is no notice period in the probationary period. If a clause is mentioned in the offer letter, then it is acceptable.

I quite agree with what you have suggested. But I do not agree with you about not granting paid leave to employees who are on probation. You are obliged to grant leave as per provisions of either the Shops Act or the Factories Act, whichever is applicable.

Best wishes,
Vasant Nair

Dear Krishhema,

You can resign from the job without giving one month's notice since you are in probation. No rules are applicable until you are confirmed. However, resigning during probation will leave a mark on your career.

Murthy V

Clarification on Employment Terms During Probation

Please do not make such a brash statement: "no rules can be applicable until you are confirmed." This is NOT true.

Even if you are not a confirmed employee, you are bound by the terms of your Appointment Letter. When signing the same, you have agreed to the terms and conditions stipulated therein. One will have to go by the terms and conditions stated in the Appointment Letter even during the Probationary Period. If there is a Notice Period Clause, well, you are bound by it.

Regards,
Vasant Nair
Director Karma-HR
[Phone Number Removed For Privacy Reasons]

Hi, Appointment orders from a company serve as their correspondence and confirmation of employment to a candidate or employee. They can require an employee to stay with them under their standing order but cannot force someone to remain if they are unwilling to do so.

As per the Minimum Wages Act, a minimum compensation should be paid to everyone, including apprentices. What the company is doing is malpractice and also a crime against the law, akin to slavery. There is no statutory law compelling someone to work without intention or willingness. This is against the basic Indian Penal Code.

Good suggestions were given by Purnima and Krishnaveni.

Regards,
Ravi Shankar S
ASM - Statutory & Labour Compliances.

An appointment letter is a correspondence to a candidate and an affidavit to an employee, mentioning that he is governed by the company's standing order. However, it is not a statutory requirement to control someone who does not wish to serve there.

According to the Minimum Wages Act, every employer must pay a minimum compensation amount to employees in training/probation, as well as apprentices. Failure to do so constitutes a punishable offense under labor and criminal law, resembling a form of slavery. Therefore, no law mandates anyone to stay in a company against their will, going against the fundamental principles of our judicial system and the Indian Penal Code.

In particular, individuals under probation do not need to remain in the company if they are not specialized workers but trainees. They are not obligated to provide any compensation or notice to the employer and can resign immediately without hesitation.

Regards,
Ravi Shankar S.
ASM - Compliances.

[QUOTE=krishhema24;1202979]

Hi all,

Your employer has offered you employment with certain conditions, and you have accepted the offer. Therefore, you should fulfill all the essential elements of the contract as stated in your appointment/offer letter.

Hi everybody,

My name is Narasimha Rao. I am new to this site. I am working as an Assistant Manager - Administration in a tunneling company. Henceforth, I will be sharing my views based on my experience. I request all your support in this regard.

RAO

I have been offered a position, and they have provided an appointment letter stating that I am on a probationary period. I am not exactly sure whether I have been finally placed or if they will offer me a permanent position based on my performance at the end of the probation period. Could you please clarify this for me? Please let me know.

Thanks and Regards,

Pranjal Mundhada

Hi all, As I have given my resignation to my company, they are now not providing my experience letter and are asking me to serve a 1-month notice period, whereas it's never mentioned anywhere in my offer letter or in any company documents, not even through email.

I have been working for the past year and a half. Since it is a broking firm, they pay only commission and not a fixed salary. Now my company is using the excuse of an issue with one of my clients who is not permitting them to release the experience letter. This was never mentioned in any documents before. The agreement was signed between the company and the client, and I was merely acting as a mediator. Therefore, I would like to know what legal action I can take against the company and the client if necessary. In my understanding, a client should not interfere in a company's internal affairs.

Please guide me on how to proceed further.

Regards, Namrata

Hi,

I joined a company 3 months ago. The company has provided only an offer letter that includes a notice period of 2 months, which I accepted. However, the company has not issued an appointment letter. Due to a dispute at my village house, I may need to resign within the next 2-3 days. Can I resign without serving the notice period? Is it legally permissible, and what would be the consequences?

Thank you.