Confused About Notice Period During Probation? Need Advice on What to Do Next

Hi,

I need clarification on my probation period. Five months ago, I joined my company. In my appointment letter, they mentioned that the probation period is 6 months. If the company wants to terminate, the notice period is 15 days. However, they did not mention what happens if an employee wants to leave the company. Due to some family reasons, I gave my resignation, and now my company's HR is saying I need to serve a 90-day notice period. Could you please help me understand what I need to do?

Notice Period Equality

Under normal circumstances, the notice period should be equal from both sides. Similarly, unless otherwise provided in writing, the notice which the employer should give an employee to terminate the service should be the same notice that an employee is expected to give the employer if the former wants to leave the service. Therefore, applying a notice period of 90 days, especially during the probation period, is arbitrary and not maintainable in the eyes of the law.

Options to Consider

In order to safeguard your interests (such as meeting family requirements, as you mentioned), you can either contest the company's arbitrary clauses or leave the company, disregarding the five months of service from your career. An HR person who dares to ask for a 90-day notice from someone with only five months of service will likely not dare to defend themselves by refusing to issue a relieving letter or extending the conflict, wasting your time and money. However, I would suggest that you will not gain much from a service certificate of just five months. Instead, it would be advisable to cite the same family issue retrospectively as the reason for the five-month gap in your service records when you appear for another interview.

Regards,
Madhu.T.K

Hi satyankmeridian,

Practically, what our fellow member Madhu commented is 100% correct, unless this exit is because you have another offer and have informed them about your current company. If my second statement is correct, then rather than fighting with your current employer, you can speak with your new employer about the sudden information of the notice period and find a solution.

Thank you Madhu.T.K and MAHR. Below are the words in my appointment letter.

Probation/Confirmation: You will be on a probation period for six months. Based on your performance, your services will be confirmed with the company in writing after six months. During the probation period, your service can be terminated by the company by giving 15 days' prior notice and without any reasons whatsoever based on the discretion of the management. If your services are found satisfactory during the probation period, you will be confirmed in the present position, and thereafter your service can be terminated by the company by giving 90 days' notice. In such instances, instead of the notice, the company may pay your net salary equal to the notice period. However, at any point in time, if any of the terms and conditions are found to be violated, your service may be terminated with immediate effect. You may, with a written notice of 90 days, terminate your service with the company or pay your three months' gross salary, at the discretion of the company. Absence for a continuous period of ten days without prior approval of your superior (including overstaying on leave/training) would result in your losing your lien on the service, and the same shall automatically come to an end without any notice or intimation.

Please let me know how I can proceed.

Give your company a maximum of 15 days' notice and quit. The demand for a 90-day notice is not tenable as you are still an employee on probation.

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Clause Discrepancies in Employment Contracts

Here, the clause is one-sided. When the matter of payment in lieu of salary arises, the employer is required to give 90 days' net salary, whereas from the employee's side, it is 90 days' gross salary, which is again not proper. Furthermore, the discretionary power of the company is retained.

Performance and Termination Conditions

Another important point to note in this letter is that confirmation is purely dependent on the employee's 'performance,' but termination can occur without any reason. It seems that the HR person at the company has taken sentences from various appointment order drafts and compiled them without much thought. This is evident because, instead of including the condition of performance for confirmation, the clause regarding 'termination without reason' is present.

I believe it should be phrased as follows: "During the probation period, your services may be terminated without assigning any reason, with a 15-day notice required from either side."

Regards,
Madhu.T.K

Thank you, Nathrao and Madhu.

I am more worried about company assets (laptop and other laptop accessories). How can I submit them? They will not take them as they are asking me to serve a 90-day notice. Please suggest how I can proceed.

How can I submit company assets like a laptop? They will not take it as they are asking me to serve a 90-day notice. Please help me with how I can proceed further.