Can I Resign with One Day Notice During Probation Without Losing Pay? Seeking Advice on Company Policy and Indian Laws

Hi,

I am pasting below the probation clause of my company. Please read through it and answer my question.

Question: Can I resign from my company during the probation period with a one day notice without losing my salary for the days worked (similar to how the company can terminate me with a one day notice period as explicitly mentioned in the probation period clause below)?

Probation Period clause of the company

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Probation Period:

I. You shall be on probation for a period of one hundred and eighty (180) days from the effective start date of your employment with the Company. The Company may, at its sole discretion, extend this probation period for an additional specified period upon notice to you.

II. Unless otherwise communicated to you by the Company, the probation period shall expire one hundred and eighty (180) days after your effective start date, unless extended for an additional specified period by the reviewing authority, in which case the probation period shall be extended as specified.

III. Notwithstanding anything contained herein, during your probation period, the Company may terminate your employment with a one day notice and with or without stating any reason.



The last clause states that the company can terminate me with a one day notice period. Similarly, can I leave the company with a one day notice period even though it is not explicitly mentioned? What are the Indian government laws on probation? Can anyone please advise on this precarious situation?

Thanks,

rasinha.

If you have already signed the agreement, then you must adhere to the policy. If you have some genuine problem, you can talk to HR or your reporting manager. Otherwise, you will have to serve a notice period.

Regards,
Vamsee

Definitely yes. But it is also important to ensure that the work does not suffer as a result of your sudden exit. It is always better to leave a company in a fair way.

Regards,
Rajesh Ramesh Phade
Manager HR
Sanjeev Group of Companies
Aurangabad

Hi Rajesh,

But my company's probation clause is only one-way. In the agreement, they have mentioned that only the company can terminate me on a day's notice. However, they haven't mentioned anything about whether an employee can also leave with a day's notice. Please clarify.

Also, my other question is:

1) Are probation period laws standard across the country that every company has to follow, or can every company define its own probation clauses in the agreement and have the agreement signed by the employee?

I have already signed the agreement two months back, and now I'm stuck. I wouldn't have left this job, but the reason is if the salary doesn't come on time. The salary comes on the 20th of the next month for any given month. Please advise.

Also, I have heard from some people in the company that the company files a court case against people who resign before two years (as two years is the bond period).

But I was thinking that I can escape during the probation itself from the two-year period. However, now when I read the probation period clause, it is also one-way in favor of the company. Please advise.

Thanks,

Rasinha.

Dear Sir,

If I submit my resignation as a trainee engineer during the probation period, will my notice period be counted in the experience letter or not?

Is experience counted in the letter?

Regards,
Hardik Patel.