Navigating Probation: Do You Need to Serve Notice to Get Your Documents?

I have two major queries as of now:

1. Is it necessary to serve the notice period while the candidate is in the probation period?
2. If the notice period is served, will the candidate get the documents?

Please help me with this as soon as possible.

Understanding the Termination Clause

Please read and understand the Termination Clause of your company. If your company requires a notice period to be served during the probation period, then you have to serve the notice period. If it does not, then you do not have to serve it.

With regards to documents, you will receive them once you have a smooth exit from the company after adhering to all the exit formalities.

Hi Saji, Thanks for replying. I have a clear understanding that the candidate will not be given any certificate since he/she is leaving the company without a notice period. However, please note the conditions of my company as follows:

1. One-month notice period for certificates.
2. Six months probation period.

Now, my question is: Does the candidate need to give a one-month notice period during the probation period as well?

I fail to understand whether this query is for you, your friend, or just for knowledge's sake. In general, most companies do not ask for a notice period during probation, but they provide a relieving letter upon exit.

Notice Period Requirements During Probation

As per general legal law, there is no need to give a notice period. If you are confirmed by proper documentation from the employer, then you need to give a notice period; otherwise, not. Any employee can leave the company at any time during the probation period.

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Thanks for replying. Also, to my knowledge, if anyone leaves within the probation period, he/she will not be rewarded with an experience certificate or any certificate like a relieving letter, right?

No company will give you a relieving letter and experience letter mentioning that you were on probation and worked for 6 months or less. I think there is no need for any letter if you leave during probation because it is not useful in other industries. No one considers such a type of letter.

As per general legal law, there is no need to give a notice period. If you are confirmed by proper documents from the employer, then you need to give a notice period; otherwise, not. Any employee can leave the company at any time during the probation period.

I would appreciate it if you could let us know under which section of the legal law it states that there is no need to give a notice period during probation if it is mentioned in the appointment letter and accepted by the employee.

Probation Period Notice and Resignation

During the probation period, only 24 hours of notice is required. On the very next day, a probationer can be relieved from the company if they submit a resignation letter. However, as a general principle, a person who resigns from the company during the probation period will not be entitled to receive any certificates from the company, except a resignation acceptance letter.

Thanks,

R. K. Nair

Thank you so much for the valuable suggestion, but I have one query that has arisen. On which act is it mentioned that an employee needs to give a notice period during probation? It totally depends on company policy, and I don't think any big firm asks for a notice period during probation. I am working in an MNC as a Senior Executive HR & Compliance, but I didn't ask for a notice period during probation.

I heartily invite suggestions from seniors if there is any clause related to this.

It is necessary to serve the notice period if a candidate accepted such terms in the employment agreement, even during the probationary period.

If the notice period is served, it is the duty of your organization to grant the experience certificate and relieve order, even if it's the probationary period.

If the notice period is not served, you shall grant only the experience certificate, but not the relieve order, unless it is mutually agreed upon for early release. However, it is at the discretion of your company.

If the notice period is not served, you have to grant the experience certificate and relieve order if mutually agreed upon for early release.

Thank you.

Thank you so much for the valuable suggestion, but I have one query: on which act is it mentioned that an employee needs to give a Notice Period during Probation? It totally depends on company policy, and I don't think any big firm asks for a notice period during Probation. I'm working in an MNC as a Senior Executive HR & Compliance, but I didn't ask for NP in PB. I heartily invite suggestions from seniors if there is any clause related to this.

As Adv. Manoj has rightly said, there is no hard and fast rule or mention in any act that a Notice Period is required during the Probation Period. It is a general practice widely accepted by companies not to serve a Notice Period during Probation. Apart from that, if a company wishes to waive off the probation, no one will stop you from doing so. Similarly, if the company wishes their employee to serve a Notice Period during Probation, they can. I hope this clarifies the doubt.

Thank you.

It totally depends on the company policy. The probation period is the tenure that we need to complete to avail various benefits associated with the roles assigned. Although the industry standards are 6 months, we see a tenure between 3-6 months, respectively.

Notice Period During Probation

Regarding questions related to the notice period, if it is not mentioned in the offer letter or the appointment letter, the employee can give a 24-hour notice and leave the assigned roles. However, this may again depend on the kind of responsibility assigned to the employee. In cases of instant resignation, the reason can be considered, for example, if it is an emergency, and accordingly, a decision can be made by the immediate supervisor.

Thanks and regards,

Hello Arpan, Thanks for replying. Also, to my knowledge, if anyone leaves within the probation period, he/she will not be rewarded with an experience certificate or any certificate like a relieving letter, right?

Probation Period and Experience Certificates

That's true, NDivya. If an employee is in the probation period, then he/she is not awarded the experience letter when leaving the company. That is the reason why the employee can leave the job without prior notice or the employer can terminate the employee without many warnings. This is true for most companies in India.

Regards,

Interesting that we have been discussing notice periods during probation and the gray area that exists, but here is an interesting aspect that I would like to address.

Why Address the Gray Area Today?

Why is there a need for this gray area to be addressed today? Why is your joining letter/letter of appointment, or whatever you wish to call it, not complete? Why does it not address the probation period? Most good organizations have a separate clause addressing this issue. There are, of course, quite a few others who prefer to leave gray areas in their contracts to give them some leverage for arm-twisting at a later stage.

I think you need to relook at the contracts you provide and try to remove these gray areas because many times these gaps can create "bad" ripples and have a tendency to take away a lot of your time and energy.

Cheers

The probation period in my company is 6 months. Can you help me with the salary issues regarding resignation during the probation period? If the company's termination clause states the following:

1. One month notice by either side.
2. The company will not pay salary for that month if the notice period is not served.

Both points are logically linked, but there is no mention in the offer letter that the notice period needs to be served after or during the probation period with respect to point 1.

So, is the candidate entitled to receive a salary or not?

Thank you.

The Probation Period in my company is 6 months. Can you help me with the salary issues regarding resignation during the probation period? If the company's termination clause states the following:

1. One-month notice by either side.
2. The company will not pay the salary of that month if the notice period is not served.

Both points are logically linked, but they have not specified whether this applies after or during the notice period anywhere in the offer letter with respect to point 1. So, will the candidate be liable to receive the salary or not?

If in the company's termination clause, the notice period during probation and after confirmation is not clearly specified, then an employee can contest this in a court of law. They could argue that if the employee had quit the job within 3 days of joining, they could not be forced to pay a 1-month notice period, which is illogical. Let's wait for seniors to respond too.

Offer Letter Clauses and Probation Period

That's exactly what I was referring to about intentionally having grey areas in the offer letter. Let's look at this case in particular:

- **Probation:** 6 months
- **Notice:** 1 month
- **Probation Notice:** Not mentioned
- **Penalty Clause:** NO salary if NP not served

This offer letter is brilliantly and subtly skewed for the advantage of the employer. If no separate clause is mentioned about the notice period during probation, yet a clause in the offer letter mentions the notice period as 1 month, I think it can be argued that this clause is applicable for the entire tenure (during and after probation) of an employee. The action would purely be dependent on the management. If they wish to disregard the clause and allow, they will. If they want to harass someone, they will refer to the offer letter. This is the standard operating procedure of a mid-sized company (at least most of them).

Bottom Line

If policies are to be strictly followed, then no salary if NP not served, irrespective of when (probation or confirmed) it happens!

But of course, that's my view and others could have a different opinion as well...

Cheers

It is not stated in the offer letter whether the notice period (NP) has to be served after or during the probation period (PB). The sequence of clauses is as follows:
1. One month NP by either side.
2. If NP is not served, no salary.

Hi Kulsh, your analysis is great. I will seek some more opinions from you and others too. For the same, I will attach the original page of the clauses.

I apologize for not being able to attach the page. From the perspective of Kulsh, we can observe that the company has made a manipulative offer letter. With respect to the same, one cannot only get the salary for that month, but the employee can also blame the company since it is not stated in the offer letter about surviving the notice period during the probation period. As per general laws and to my knowledge, no employee is required to survive the notice period during the probation period, which can even be applicable in my company's case too.

I hope I have articulated my question in a way that is understandable to everyone.

In every company, an appointment letter or offer of appointment is given to the employee prior to joining the services of the company. In that letter, it is clearly mentioned: "You shall be on probation for -- months. During the probation period, your services can be terminated by the company without any notice or salary in lieu of the notice period. After successfully completing your probation period, your services shall be confirmed by the management in writing. After confirmation of services, both parties can terminate the contract by giving one month (or three months) notice period or salary in lieu of the notice period."

Probation and Confirmation

In my opinion, if a confirmation letter in writing is not given to the employee, then it shall be deemed that the employee is on probation. During the probation period, no notice is required to be served. This is the principle that is generally observed and followed. Manipulation of records is only the other side of the coin.

Thanks,

R K Nair

How about the salary during the probation period if I leave the company without serving the notice period during probation?

According to the general rules followed in standard companies, salaries are to be given to the departing employee, prorated to the number of days he/she worked in the company. The notice period (NP) during the probation period (PB) is not applicable to him/her. You can also issue a resignation acceptance letter and a full and final (F&F) settlement copy if he submits a No Due Certificate from all concerned departments with whom he was required to contact during his service. No service certificate/experience certificate is issued to employees who serve less than 1 year. I trust this clarifies all your doubts.

Thanks,
R K Nair

As per your view or general law:

1. No notice period is required during the probation period.
2. No service letter is to be given to the employee since he/she has not served 1 year.
3. Salary is payable as per the attendance.

Please correct me if I am wrong.