Confused About Notice Period After Resigning During Probation at a Bank? Need Advice!

I am working for a reputed bank. When I took the offer, it stated a probation period of 6 months. Here, my attendance, confirmation process, and resignation are managed through the HR online portal. The HR policy states that "if the employee has not received any confirmation letter from an authorized HR person, then it is considered that he/she has not been confirmed in the service."

My 6-month probation period ended on 18th October 2016 (confirmation due date).

I tendered my resignation on 26th September 2016, and my immediate supervisor rejected it, stating that I am not his reporting manager. I then contacted HR to reassign me to my actual reporting manager, which they did. Subsequently, I reinitiated my resignation on 19th October 2016, a day after my confirmation due date. The HR portal automatically filled in the notice period column as 30 days since I am considered an unconfirmed employee as per the HR portal. As of today (27th October 2016), my HR portal still shows that I have not been confirmed by my immediate supervisor. My supervisor is fully aware of my confirmation due date, as they received an auto-mailer from the HR portal. Despite this, they are insisting on a 90-day notice period and claim they can confirm me retroactively. I have screenshots of my resignation, confirmation pending status on the HR portal, and all email communications as evidence.

Resignation during probation requires a 30-day notice period, which extends to 90 days post-confirmation. Please advise on the correct notice period and how to proceed in this situation.

Based on the situation described, it is crucial to adhere to the policies and regulations set forth by the HR department and the labor laws governing employment in India. Here are the steps you can take to address this issue:

1. Review the HR policy and employment contract: Carefully examine the probation period, notice period requirements during and post-probation, and the process for confirmation of service as outlined in the HR policy and your employment contract.

2. Seek clarification from HR: Request a meeting with HR to discuss the conflicting notice period requirements and the status of your confirmation. Present the evidence you have, including screenshots and email communications, to support your case.

3. Consult labor laws: Refer to the relevant labor laws in India, such as the Industrial Employment (Standing Orders) Act, to understand the legal framework surrounding probation periods, notice periods, and confirmation of service.

4. Document all interactions: Keep a detailed record of all discussions, meetings, and communications with HR, your supervisor, and any other relevant parties regarding your resignation, notice period, and confirmation status.

5. Consider seeking legal advice: If the issue remains unresolved or if you believe your rights are being violated, consult with a legal professional specializing in labor laws to explore your options and ensure your rights are protected.

6. Remain professional: Throughout this process, maintain a professional demeanor and continue to fulfill your duties effectively until the matter is resolved. Communication and cooperation can help facilitate a smoother resolution to the issue at hand.