Probation Dilemma: Do Employees Need to Serve Notice if They Quit Mid-Project?

If someone is under probation and working on a project and quits in between, does it necessitate them to serve a notice period? If yes, what will be the period? If no, should we deduct the amount mentioned in our role book against recovery of the notice period.

I request all to address my queries.

Regards,
Naren

If an employee is on probation, there is no problem. He/she has to serve the notice period or pay in lieu of that, as mentioned in the Employment Contract.

Regards,
Shaikh

Hello,

Usually, there is no notice period stipulated in the probation period. The reason is that mutual suitability is given time to be settled.

So if, in the given case, the Appointment Letter does not stipulate any notice period during the probation period, tough luck! The employee is free to quit. But if the position is otherwise, then the employee is contractually bound to complete the notice period OR buy it out if there exists such a provision.

This is one situation where no law is involved in providing for notice periods. Therefore, one is entitled to insist upon a defined notice period even during the probation period.

Kindly check the exact provisions of the terms & conditions of employment contracted with the employee through the Letter of Appointment before taking any position on the issue!

Regards,
Samvedan
February 24, 2011

------------------------------------