Notice Period Laws During Probation: What Are the Rules for Employees and Employers?

Dear Friends,

Please inform me if there is any law stating the notice period to be served:

1) By the employee, if the employee is under probation?
2) By the employer, if the employee is under probation?
3) By the employee & employer if the employee is confirmed.

Request for an urgent reply along with the reference of the law.

Best Regards,
Tina

There are no specific Labor Laws regarding whether an employee is supposed to give a notice period after resignation. It is an agreement entered into by both the employee and employer that each of them would give a sufficient notice period after resignation or firing an employee, subject to the conditions as written in the employment offer. This is irrespective of whether the employee is on probation or confirmed.

If there is no sufficient notice period given, it amounts to a breach of the agreement. Please review the employment letter, as it typically favors the organization's actions.

Hope this helps.

Anand

Mr. Anand's statement is correct. You should go through your employment letter, which was issued by the organization to the employee at the time of joining.

Regards,
Bhushan

Dear Anand,

Well, this clause of the notice period is included in our HR Policy. However, it was not signed by this employee due to an oversight by the HR Department. He did not contact the HR department before leaving the company; instead, he directly informed his HOD and departed.

Now, could you please inform me if he is still liable to serve the notice period of 15 days as per our policy?

Please reply urgently.

Best Regards,
Tina

This is a contractual agreement, irrespective of whether he has signed it or not. The reason he has been drawing the salary is based on the letter of offer, which means he has agreed to the terms and conditions. It depends on the project he is working on. For example, in an R&D setup, if an engineer is employed, it involves a lot of confidential drawings. If he leaves the company without any notice, the company can publish in the newspaper about the risk of hiring him, as well as the company can file a suit (criminal case) under the court of law if any damage is suffered.

If he runs away from the office, you can't do anything about it as the current market is vulnerable, and you can find a job anywhere. Employers are currently not too concerned about the experience certificate. I face this regularly, and I live with that!!!

Anand

Hi Tina,

Your query is replied seriatim.

1) By the Employee, if the Employee is under probation?

The employers generally state the notice period in appointment letters that should be given by the employee/probationer in case of resignation.

2) By the Employer, if the Employee is under probation?

Generally, employers include a term in the appointment letter stating that the services of the probationer may be terminated at any time without prior notice and without assigning any reasons to the probationer. Therefore, it is obvious that the employer may terminate the services of the probationer without any notice.

3) By the Employee & Employer if the employee is confirmed.

If the employment is confirmed, both parties are required to give notice in case of termination/resignation of employment by either side.

In view of the above, you need to check your appointment letter for any such clause. If it is present, you will have to serve the notice period; otherwise, you may resign with immediate effect.

Regards,

Prasad

Dear Tina,

There are no specific provisions made under the law for the notice period. This is an agreement between the employer and employee, with the terms and conditions mentioned in the appointment letter.

If an employee resigns during probation, he can leave without giving notice to the employer, and the employer need not deduct any notice pay from his dues. However, if an employee is confirmed and leaves on short notice, then as per the terms regarding the notice period, the employer has to deduct notice pay from his legal dues.

Regards,
Bhushan Dahanukar

1. Office Hours

The normal working hours are 9.00 AM to 5.30 PM with 30 (thirty) minutes lunch break, Monday through Friday and 9.00 AM to 1 PM on Saturdays.

2. Probationary Period:-

You will initially be on probation / training for a period of Six (6) months from the date of commencement of employment, after which, your performance will be reviewed and if found satisfactory, your appointment will be confirmed in the Company on any additional terms and conditions. If your performance is found unsatisfactory, the probation / training period may be extended until the Company expressly confirms your employment. This probation / training period would be computed excluding any leave that you may take, for any reason, during the Six (6) months immediately following the date of commencement of employment.

During the period of probation / training you would be imparted with training and on successful completion of the training; your services may be absorbed by the Company. You would have to execute the Bond Agreement at Schedule .

During the period of probation, any severance of relationship either from your side or from the Company’s side could be affected by either party giving to the other, Thirty (30) days written Notice of their intention to severe the relationship of Employer-Employee.

3. Confirmation:-

At the end of the period of probation/training your services will either be confirmed or your probation / training extended depending on your performance that would be monitored every quarter.

On confirmation of your employment, any severance of relationship from the Company’s side could be effected by giving you, Ninety (90) days written Notice of our intention to severe the relationship of Employer-Employee. However, in the event of any Misconduct or on any Omission or Commission committed by you, which would prejudice and be detrimental to the interest of the Company, the Company is entitled to terminate your employment/Services with immediate effect with or without prior notice.



4. Whole time service/employment:-

After the successful completion of the probation / training your Services may be retained/engaged by the Company on a whole time basis; You shall not engage or associate yourself directly or indirectly in any manner, whatsoever, in any other Post or Work Part time or pursue any Course or Study without the prior written permission of the Company. You shall not directly or indirectly be connected with, concerned, employed or engaged in any other business or activities whatsoever, without the prior written permission of the Company nor will you be entitled to accept any Emoluments, Commission or Honoraria whatsoever on any account.

Dear Anand,

I would like to differ from your opinion. If the employee has not signed the agreement, i.e., the appointment letter, then he is not liable to serve the notice period as there is no contract per the provisions of the Indian Contracts Act. If it's a case of resigning without serving the notice period (and the appointment letter is also not issued), then I think it will be unethical to publish in the newspaper.

Regards,
Abhishek

Hello all, here it looks like my story is going on. Please guide me. Is it necessary to serve a notice period even if it is written in the appointment letter that states the employee should give one month's notice? What does Indian law state about this? Need an urgent reply.

Regards,
S J

I would like to know if an employee is in a probation period and, during probation, if the employee wants to resign, the company asks for a 3-month notice period. If the employee wants to leave the company, however, he has completed one month of the notice period, can the company take any legal action toward the employee for leaving the organization earlier?

It all depends on the terms and conditions of the appointment offered to an employee. Generally, during the probation period, an employee needs to give 3 months' notice, and if confirmed, then 1 month's notice. It's up to the employer, who can waive the notice period fully or partially.

If during probation, an employee leaves the organization without serving the full notice period, a certain amount is recovered from him/her, which is normally the total emoluments drawn or the maximum amount as set by the organization in the appointment letter.

When a permanent employee leaves the company without providing a 15-day notice, the company needs to follow the legal requirements regarding the employee's full and final settlement. It is essential to adhere to the laws and regulations governing such situations to ensure compliance and fairness for both the employer and the employee.

In this case, the company should refer to the relevant labor laws and company policies to determine the appropriate course of action. The employee's full and final settlement should include any pending salary, benefits, and dues as per the employment contract and applicable laws.

It is advisable for the company to consult with legal counsel or HR experts to ensure that the full and final settlement is handled correctly and in accordance with the law. By following the established procedures and guidelines, the company can protect its interests and maintain a professional and lawful approach in dealing with such situations.

What will I do if a permanent employee leaves his job without giving a 15-day notice? Please inform me about the legal actions that can be taken regarding his full and final settlement.

I have quit my job with no notice period. I was on probation for six months, out of which I completed three months, and I could not continue further. In the appointment letter, it states that I needed to give a fifteen days notice period.

Please let me know if they can take any legal action or if they will forfeit my last salary.