Is a 30-Day Notice Legal During Probation? Seeking Advice on Resigning for a New Job Opportunity

I am working in a Pvt Ltd company and have been in the probation period for the last 4 months. Now, I have decided to resign due to a good opportunity in my native place with an urgent requirement. However, my current organization is asking for a 30-day notice period or payment of one month's gross salary.

Could you please confirm if this is legal? What should I do in this situation?

Regards,
Hitesh

Notice Period During Probationary Period

Generally, a notice period is not required during the probationary period. However, if there is a clause in the appointment letter requiring a notice period, then one needs to give notice as specified.

Thanks

Understanding Notice Periods During Probation

Read the appointment letter carefully. Some companies stipulate a one-week notice on either side, while others stipulate immediate resignation.

I hope this helps! Let me know if you need any further assistance.

Regards,
Pon

Dear Hitesh, It is a very clear fact that if you are on probation, it means that you are under the watch of the company. If they are not satisfied, they will remove your candidature without any prior notice. Similarly, in your case, you do not need to provide any notice or prior information regarding your resignation from the company until you are out of probation.

Thanks

Please refer to the clause of the notice period in your appointment letter. Generally, the notice period comes into effect after the probation period, but ultimately, it's at the discretion of the company. Some companies may require you to serve the notice period, but they will specify it in the appointment letter.

Regards,
Ashutosh

If there is any clause in your appointment letter regarding prior notice, you should adhere to the norms of your company. You may try to convince your present company to relieve you immediately; otherwise, you should request your next company to appoint you after one month.

You can tell your future employer about your present contract and request them to give you some more time. No employer can say that their requirement is "urgent." Anyone who insists that an employee should join immediately is not practicing good professional ethics. If the requirement is indeed urgent, what were they doing all these days to fill the vacancy?

On the other hand, if the remuneration in the new job is substantially higher, you may also think of joining, say, after 15 days, after paying the present employer the balance salary. It is also mandatory for the present employer to give due credit/encash your accumulated CL/PL, etc., and also the one which has accrued for the running year. This would substantially reduce your financial burden. You may also spend about 2 or 3 days with your future employer immediately to affirm your earnestness in joining the post.

Regards,
Dr. T. Thomas