Confused About Notice Period During Probation? Need Help with Resignation Timing!

Hi, I am working in an MNC where the appointment letter states that I will be on a probation period of 6 months, within which either party can give one month's written notice of termination. My question here is: I joined on the 12th of March 2014 in that company, and I resigned on the 11th of September 2014. What will be the notice period for me? Based on this, I want to update the joining date to the next employer. Awaiting your kind reply.

During probation, the notice period is 1 month, and after probation, the notice period is 2 months.

Understanding Probation and Notice Periods

The probation does not end just because the 6 months have passed. There needs to be an official communication indicating the end of probation and confirming the employee as permanent. Therefore, you will have a notice period of one year.

However, it is always a good idea to obtain confirmation of the last working day from the HR department to avoid any disputes when you leave.

Regards

Here, they will not provide any communication about the end of the probation period. My doubt is whether the period from 12th March to 11th September falls within the probation period if the company has a 6-month probation period. I am awaiting your comment.

Since you are not confirmed officially, you are liable for only one month's notice.

Within the probation period, you have submitted your resignation. Therefore, a one-month notice period applies in your case.

Regards,

Like I said, just go and ask HR what is the last working day for you.

Understanding Resignation During Leave Periods

Your question is akin to a FAQ. The terms and conditions of appointment, as outlined in the appointment letter, always serve as the guiding principles for employment and resignation. The rules do not prohibit an employee from resigning during a leave period; however, it is essential to refer to the terms and conditions of the appointment.

Generally, an employee is expected to tender resignation with a specified notice period or compensate for the notice period with a salary in lieu. Therefore, any individual on Maternity Leave can opt to resign by providing the requisite notice or salary in lieu of notice. Nevertheless, if the terms of appointment specify that leave cannot be taken during the notice period, the employee must return to duty and submit the resignation with the necessary notice period.

It is worth noting that if an employee's medical condition prevents them from resuming duties, a resignation letter, supported by a medical certificate, can be submitted for the Management's consideration.

I trust this clarifies your query.

Regards,
C.M. Lal Srivastava
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