How Can I Legally Exit My Job During Probation with a One-Month Notice?

Hi friends, Recently, I have resigned from my current company during the probation period. According to my offer letter, I am required to serve a one-month notice period during probation or pay an amount equivalent to the basic salary for the notice period. Following the probation period, a two-month notice period is mandatory.

As previously mentioned, I resigned during the probation period and am willing to serve the one-month notice period. However, my employer is insisting that I serve a two-month notice period without providing any proper proof. I do not agree with this as I do not want to lose out on my new offer. Despite the employer's pressure to serve a two-month notice period, there is no evidence of this change in the notice period, not even in emails.

Could you please advise me on how I can proceed legally to exit the current company with a relieving or experience letter, serving only a one-month notice period?

Thank you.

Do you have the offer letter? If so, you can't serve the 2-month notice period. If the employer creates any issues, you can go to the labor department.

1. Technically, you are right. You need to serve only one month towards the notice period as per your offer of appointment, although the aspect of the notice period or notice pay during probation itself is legally questionable.

2. However, since you have already decided to separate and have an offer which you do not want to lose, it would be prudent for you to serve the additional one-month notice period so that you get a proper release order, your F&F settlement, and then join your new employer.

Thanks.
G. Hari