Confused About Notice Period? Resigning During Probation with a Confirmation Letter Dilemma

My husband joined an IT Company on August 8, 2013. The notice period during probation is one month, and after confirmation, it is three months. His probation is for one year. He recently received a "Letter of Confirmation" from the HR department which states, "You are confirmed with effect from August 8, 2014."

Now, my query is: if he resigns before August 8, 2014, what will be the duration of the notice he will have to serve? Also, if the HR department insists on him serving a three-month notice period despite the letter of confirmation stating that the confirmation is effective from August 8, 2014.

Until his effective date of confirmation, he is on probation only. Therefore, there is no need for him to serve a 3-month notice period; for him, only 1 month is required if he resigns before the effective date of confirmation.

Mr. Ravi is right. A three-month notice will be applicable only after confirmation and not before that.

Col. Suresh Rathi

Dear Venusg, you people have a point here. I go with other friends (prima facie). It's almost very clear, he is still on probation (be careful sensing your intentions; they shouldn't advance his confirmation date).

Probation and Confirmation Details

Date of joining: 8.8.2013

Probation period: One year from 8.8.2013 till 7.8.2014

Date of confirmation: W.e.f. 8.8.2014 (an event yet to occur).

No doubt the probation period has not ended; hence the notice period applicable is only one month, as per the extant position. But, but, but... supposing he resigns today (25.7.2014), thus the notice period of one month commences/counts from 25.7.14 and goes on for one month, i.e., up to 24.8.2014. The catch here is by then he gets confirmed on 8.8.2014! Therefore, by the end of the notice period, i.e., on 24.8.14, he would have become a 'confirmed employee.' What are you going to do? (This is only for argument's sake; it's no way my intention, friends). Think it over loudly and find a solution. Thank God if they don't think along these lines. Maybe a payout solution may come in handy instead of serving the notice period.

Dear Sir,

The employee is still under probation, and the confirmation does not happen on its own. There may be other clauses such as assessment, etc. No company will confirm an employee only for the sake of completion of one year, and there will be no automatic confirmation. Since the employee has put up his resignation during his probation, all the clauses applicable under probation shall be applicable.

Vinod Kumar K.

Understanding Probation and Notice Periods

Technically speaking, if an employee resigns during the probation period, the clauses of probation shall be applicable. So, don't get confused. You just have to refer to your husband's appointment letter once again to see if there is any other sub-clause under the probation clause that may require him to serve a notice period of 3 months. I believe it won't be there.