Can I Quit My Job During Probation Without Notice? Seeking Advice on Offer Letter Terms

I have joined the company on 5th Sep, and now I want to leave the company. Can I leave the company without a notice period? As per my offer letter: "You will be on a probation period for six months from your date of joining. You will be deemed to be on probation until you are given a letter confirming your services in the company. During the probation period, your services can be terminated by either side without giving any notice or assigning any reason. Post-confirmation, your services can be terminated by giving two months written notice from either side or payment of (basic) salary in lieu thereof." Please suggest; my email id is [Email Removed For Privacy Reasons].

It is clearly mentioned in your letter that during the probation period, your services can be terminated by either side without giving any notice or assigning any reason. According to this, you can resign with immediate effect without giving any reason.

Thanks for the reply. If I give one day notice period, will I get salary for the time period I worked here? Additionally, can the company provide me with a relieving letter if I leave during the probation period?

I am working with an organization and have completed 10 months without being confirmed or receiving any confirmation regarding extension or confirmation from my HR/Boss. In the meantime, I have been selected by a very big company offering a package three times higher than my current one. I have resigned and given a notice period of 10 days, but my boss is requesting me to serve a 30-day notice period. Since I am not confirmed, can I leave the job in 7 days as per my resignation email sent to them?

Clauses from My Offer Letter

1st Clause:

"You would be in a probation period for six months from the date of joining and would be confirmed post successful completion of your training period. During this period, your services can be terminated without assigning any reason. Your probation would be automatically extended until and unless your company conveys your confirmation."

2nd Clause:

"On resignation, you/employee have to serve a 1-month notice period. Notice period cannot be set off with leave balances or in lieu of payment. However, under circumstances beyond control, the Head of HR, at his/her discretion, can allow notice period set off against in lieu of payment/balance leaves subject to 50% of the notice period."

Please help me, I am confused.

Legal Considerations for Leaving During Probation

The clauses of your appointment letter seem to be legally questionable to me. You are not entitled to tender any notice as you are still on probation. However, individuals like you and me cannot afford to expend our energy, time, and money on litigation. Additionally, you will need a relieving letter with no adverse remarks.

Therefore, my advice to you is to speak with your seniors in a very humble manner and request early relieving.

If your future employer does not require a relieving or experience letter, then you should leave your current job. But please do two things:

(i) Discuss all these matters with your future employer and maintain their confidence. You have only served for 10 months; and

(ii) Write to your current employer stating that you were appointed on probation on a specific date. Upon the completion of probation, you did not receive any confirmation order, and thus, as per the terms of appointment, you are still on probation. You are entitled to resign without notice, but you are still providing notice on this date through email communication, as confirmed by your employer. Given these circumstances, you have decided to resign from your position. Please settle any outstanding dues.

This time, please do not make the mistake of sending this letter via email. Instead, send it by Registered A.D.

Thank you.