Resigning During Probation: Can I Skip the Notice Period Without Legal Trouble?

Hi, I need help regarding resignation during probation without serving the notice period. I have resigned from my company after 45 days of joining. Currently, I am on probation, and they didn't mention anything about a notice period during probation. Now, they are asking me to serve a notice period of 3 months.

Legal Implications of Not Serving Notice Period

Are there any chances of legal action if I don't serve the notice period? Please help me.

Thanks,
Ajay

Probation Period and Notice Requirements

You mentioned that you are on a probation period. During this time, an employee is not entitled to any other benefits or privileges available to permanent employees of the company. Additionally, their services can be terminated without assigning any reason, notice, or pay in lieu of notice. A company cannot require an employee who is still under probation to serve a notice period. Legally, the company cannot take any action against you. Relax.

Regards,

Please write or consult your HOD/HR Head stating that the termination clause is silent about the notice period during probation (as you mentioned). Therefore, please clarify on which terms you are required to give a 3-month notice. Let's try to resolve this matter amicably across the table.

Unless something of this sort is mentioned in your appointment/probation letter, you can resign with one day's notice, and I don't think you are required to serve a 3-month notice period. That is why it is called probation.

Regards,
Srinivasa Rao Anasingaraju

In addition to all the above-stated comments, I suggest that you review the letter of intent or letter of appointment to understand what is specified. Only then can we provide comments.

Thanks & Regards,
Sumit Kumar Saxena

Since you appear to work in Mumbai as an engineer, you are governed by the Bombay Shops and Establishment Act. Being an engineer, you are a technical person. If you are covered as a workman, you will be governed by the Industrial Employment Model Standing Orders by virtue of Section 38-B of the Bombay Shops and Establishment Act.

Under Para 13 of the Model Orders, no notice is required to be given by a workman with less than three months' service. Any contract contrary to it is void. Therefore, notice is to be given by you.

Thanks,
Sushil

Please see your appointment order terms. Normally, during probation, no notice period is required. However, you have to provide prior intimation or a resignation letter.

Regards,
D. Gurumurthy

Hi,

I need help regarding resignation. I recently joined as an HR EXECUTIVE, but within one and a half months, the employer refused to let me enter the organization because I took leave without pay (LWP). I had already submitted a 15-day leave application, but the employer refused it and withdrew me from duty without any intimation. Is this possible? But this seems to happen with other employees as well. Additionally, the employer is withholding my salary.

Please suggest what I should do.

Legal Opinions Needed for Employment Queries

Dear All Experts/Seniors,

Please suggest legal opinions for the below queries:

1) Are managers working in a manufacturing firm covered under the Factories Act or separately covered under the Shops and Establishments Act?

2) What is the legal probation period for managers with more than 15 years of work experience? Is there a general rule, such as a 6-month probation period?

3) Is it legally permissible for an employer to terminate or discontinue the services of an employee under probation with a 24-hour notice and without any compensation, while requiring the same employee to give a month's notice if they wish to discontinue their services? Is this condition legally acceptable?

4) In a situation where an employee under probation does not receive a signed appointment letter from the company despite requesting to revise the conditions, and then close to the completion of the probation period, is suddenly asked to resign, what compensation is due in lieu of the notice period?

Thank you.