Confused About Notice Period During Probation? Here's My Situation and Questions

I have a query related to resigning during the probation period. I served a 30-day notice in my company, and after I submitted my resignation, they didn't reply as they informed me that our boss was not present and would return after a month. Just two days before the completion of my resignation period, he returned, and HR sent me an email stating that, as per the offer letter, I am required to serve a 2-month notice period, thus extending my resignation by 1 month.

As per my Offer Letter:

1. Within the first 6 months, we reserve the right to terminate you if your work is found unsatisfactory.
2. After 6 months, a 2-month notice period can be served by either the company or the employee.
3. Once the employee is permanent, a notice of 3 months can be served from either side.

My Queries:

1. According to the terms mentioned above, I am confused about how much notice period I should submit.
2. Is it true that an employee on probation can leave within 3 days of serving notice?

It is not your fault that the company boss is not present. In today's technology-driven world, a company can convey messages regarding your notice period through email, phone, etc. If they are giving this kind of silly excuse, then firmly ask them to release you.

Thank you.

Thank you for the reply. However, he has come back after his decision; HR has sent me an email. I want to ask you to please read the terms written as per the offer letter which I mentioned in my first message. According to you, is my notice period one month or two months?

If you accepted the offer letter with the mentioned terms and conditions, then you should serve the notice period as per the offer letter.

Probation Period Rules

There are no defined rules about the probation period. Some organizations have a 3-month probation period followed by another 90 days, while others complete a 6-month probation period as mentioned in the offer letter.

I am sorry to say that quitting an organization during the probation period does not look good in any industry.

Thank you.

Notice Period Clarification During Probation

The part of the offer letter you quoted states that the company can terminate without notice during the first 6 months. It does not specify how much notice you have to give. If there is no specific term, then you are also entitled to leave without notice, as the rule of equity provides that you have the same notice as the employer.

The 2-month notice will apply if you have worked for more than 6 months.

Legal Options and Practical Advice for Notice Period Issues

Officially, you can do a lot of things. You can complain to the labor commissioner's office, send a legal notice, or file a complaint in the labor court. In reality, you can't do anything. This is the unfortunate part of the Indian Legal System. Everything takes too much time and effort, which disrupts your normal work in your next job. So, speak to your new company, show them the appointment letter that states you don't have a notice period. Explain that they are insisting on a 2-month notice period, which is not possible, and that you will join without a relieving letter.