Confused About Notice Period During Probation: Do I Really Need to Serve a Month?

I am herewith copying my details given in my offer letter from my present company. I neither need their experience certificate nor their relieving order. It's just been exactly 2.5 months since I joined, and it's already taking its toll. I can't bear it, and hence I'm giving medical reasons to quit. However, in my offer letter, it says that when the company terminates me during the 3-month probation period, the employer shall give 1 week's notice. Doesn't the same apply to the employee as well? However, in another point, it says that the notice period is 90 days post-confirmation. When I talk to my employer, he says the one-week notice during probation is only from the company side and not the employee side. Is this valid? There is no clause in the offer letter about what's the notice when an employee quits during probation.

Probationary Period

You will be on a probationary trial period of 3 months that will begin from your date of joining. Xxx Pvt Ltd reserves the right to terminate your employment at any time during this period with a one-week notice if performance has been deemed unsatisfactory for any reason.

Termination of Service / Resignation

The service of the employee shall be terminable on either side by giving 90 days' advance notice as the notice period in lieu thereof upon completion of the probationary period by the employee. The relieving date might be extended in case the project is at a critical juncture.

Any help from some trained people is much appreciated as I'm having sleepless nights. Also, he asks me to serve at least one month since, according to his terms, he says that I actually have a 3-month notice from the start itself. I'm completely confused and depressed already.

It's a bit urgent. Can someone please extend their help towards this issue?

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Thank you for reaching out. I'd be happy to assist you with this matter.

Thanks, but it doesn't state what the procedure notice for probation is if an employee quits on their own, right?

Dear Anamika, As per the contents posted by you regarding the Notice Period, it can be concluded that during the probationary period of 3 months, the employer can terminate you with 1 week's notice for unsatisfactory performance. However, during the probationary period, what is the notice period to be given by the employee is not mentioned. Consequently, you need not serve any notice period for leaving your job during the probationary period. It would have been nice had you uploaded the actual Appointment Letter to be on the safer side before concluding.

Thanks, @srinath. However, I have only two points that I have mentioned in my thread regarding notice and resignation. The rest of the points are related to promotions, etc.

The clauses mentioned by you are general clauses. There is no penalty for early leaving except for a 3-month notice. Your employer has already considered and reduced that period to one month for you. You may have an immediate need to leave this job. You have the following 3 options:

1) Work for one month as advised by the employer.

2) If any payments are held up, please get them settled. Payments can be salary, bonus, or incentives, etc. Meet your superior or speak to him to relieve you immediately.

3) Find an amicable way rather than a legal angle since you have already informed them of a medical problem. Stick to the medical issue and get yourself relieved so that the employer also releases your entitlements/payments.

Think coolly and decide on the best option, if any. Good Luck!

Relieving Letter and Buyout Concerns

Ok, so I handed over all my assets today and informed him that I'll collect the relieving letter later. To be honest, I don't need the relieving letter from them at all. Next, they told me that I have to pay a buyout amount that they paid by buying me out from my former company.

Also, adding to this, he said I might have to pay the 3 months' fixed salary along with the buyout amount. Nothing regarding buyout or quitting while on probation is mentioned in my offer letter terms. Also, while on a call, the CEO told me that if it's not possible, I should ask my sister to work for him for a month. Is this legal enough? Adding to all this, there were only 2 employees in that company, including me, with no PF, no ESI. Nothing.

Finally, he said he will calculate the total amount and send an email. Should I stay strong and take any legal actions against this? Would the case be in my favor? Any suggestions on this are highly appreciated. I work for a remote client while I'm employed by this company. Eagerly awaiting a response on this from some experienced people. Thank you all in advance.

I have also recorded all actions taken so far by email: informing the remote client about my handover, completion of tasks, and also to my company regarding all handovers. I have emails of all these, a copy in my personal inbox too. Is this a good move?

When a dispute arises between an employee and an employer, nothing will be settled verbally. All will be settled as per the terms and conditions mentioned in the appointment letter you accepted.

Vijendra Sharma - HR
Ludhiana, Punjab
9815119500

So what happens to my notice period in probation when I quit? There's nothing mentioned in the appointment letter. Can an employee interpret that there's no notice period when an employee quits?

As per my understanding, you need not serve any notice period as the clause of ninety days' notice is after completion of probation. The term mentioned for premature disengagement/termination of an employee during probation is applicable to the employer only.

Dear Anamika,

If you don't need any letters, then for what purpose are you staying there? Since an agreement is made, you have to commit to it. However, since you have cited a medical issue, you can take a chance of being absent from work and be present for 1 or 2 days until the notice period of 1 month is completed (remember to be very calm in your approach).

Going with the laws will complicate the situation even more, so try to be diplomatic and come out of the situation with ease.