Confused About Notice Periods During Probation vs. Confirmation: What Are My Rights?

Hi,

I am really confused about the difference, particularly regarding the "Notice Period," between an employee in the probation period and one who has been confirmed in a company. I am currently an employee in the probation period at a company. When I try to resign with short notice, they are asking me to provide a notice period as if I were a confirmed employee. Do I have the right to buy out the notice period in this case? What should I do if the employer does not accept when I am willing to buy out the notice period? Do I have the right to pursue legal action? Please help me as this issue is consuming my thoughts.

Regards,
Pardass

Hi,

When an employee is in his probation period, then he/she doesn't have to give any notice period. When he/she gets confirmed and signs the appointment/confirmation letter entailing these conditions about the notice period when leaving, then he/she gets legally bound by that; otherwise, not.

Dear Pardass,

Policies pertaining to the notice period during probation or confirmation vary with each organization. As far as I am aware, most companies have no notice period during probation, but in many companies, there is a fixed time period. Therefore, for all your queries, I suggest that you refer to your company policies. If the management is asking you to do anything apart from those policies, you are not legally bound to do so.

Regards,
Bhavna
[Link] www.vinove.com

Dear all,

Please do not be under the mistaken impression that there is no notice period for a probationer. It is only for the employer who need not give notice to terminate. If the probationer wants to leave, he is bound to give adequate/sufficient notice or make a good payment in lieu of notice. Adequate/sufficient is the time required to find a replacement.

If no notice period is provided in your Probation Contract, you can submit your resignation and offer 15 days' pay in lieu of notice and see their response. If they do not agree, improve it to one month. If they still do not comply, send one month's notice pay and take alternative steps thereafter.

With Regards,
V. Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No. 27, 1st Floor, Singapore Plaza,
No. 164, Linghi Chetty Street,
Chennai - 600 001.
E-mail: rajanassociates@eth.net
Off: 044-42620864, 044-65874684,
Mobile: 98401 42164.

Hey Friends,

All of you are making us confused. Please confirm whether a probationer will have to serve his/her notice period or not. Some people are saying that the employer can terminate the services of the probationer without any notice. Some people are saying that the employer and probationer both can terminate the services without any notice. Please suggest clear answers so that we can take the necessary steps accordingly.

Regards,
Shweta

Dear,

There need not be any doubt. A probationer has to serve a reasonable notice. This is for the employer to make alternative arrangements. Notice is a prerequisite for diplomatic severance.

With Regards,

V. Sounder Rajan

VS Rajan Associates, Advocates & Notaries

No. 27, 1st Floor, Singapore Plaza, No. 164, Linghi Chetty Street, Chennai - 600 001.

E-mail: rajanassociates@eth.net

Office: 044-42620864, 044-65874684

Mobile: 98401 42164.

Sorry to say, but I am still not clear with the answers. Could you please elaborate on whether the probationer has to serve the notice period or not?

Regards,
Shweta

Hi Shweta,

I just wanted to ask if you are clear with the answers. If not, please feel free to ask for clarification so that we can take the appropriate actions.

Regards,
Pardass

Dear,

The notice period for probationary and confirmed employees varies from company to company. Serving a notice period is not a mandatory clause for probationers or confirmed employees (I am not aware of any act regarding this; if there is any, please correct me).

We are a very large company with a presence all over India, and we do not have any clause for a notice period for probationers. Therefore, the notice period for probationers is not a mandatory clause if it is not mentioned in the appointment letter.

Regards,
Nilendra

Hi,

Thanks for the response, but I am still not very clear.

In my offer letter, they haven't mentioned any notice period specific to probationer or confirmed employees. However, somewhere they have mentioned a 2-month notice period without specifying whether it is for probation or confirmed employees.

After discussing with some other company employees, I decided to follow the common company policies in India and accepted the offer from the new employer.

Upon submitting my resignation, they informed me that the 2-month notice period applies to all employees (both probationary and confirmed). My question is, what is the difference between a probationary and a confirmed employee?

I have completed 10 days of service and properly handed over my responsibilities.

They withheld my last month's salary and an 8-day notice period. Additionally, they stated that they cannot provide any documentation on my last working day (resignation acceptance letter, relieving letter, experience letter, and full and final settlement).

I requested at least an experience letter (which I badly need for immigration purposes), even if they are not willing to release my salary, etc.

I strongly believe that their offer letter lacks clarity on this matter.

Please advise if, in case they ultimately refuse to provide any documentation, I can file a case against them or explore other possibilities.

Regards,
Pardass

Very well explained by Dhermesh. To add further, what I can make out from your email is that you have to serve a notice period for your probationary period as well. So if you don't serve that, you will have to pay the company as per the terms mentioned in your appointment letter.

Regards,
Nilendra