Confused About Notice Period Rules During Probation? Here's My Dilemma with HR

In the appointment letter, there is no separate mention of the notice period during probation. However, under the notice period section, it states, "Your employment may be terminated at any time by a two-month notice in writing by either side or by paying you two months' consolidated salary in lieu of the notice. In case you leave our employment without notice, we shall have the right to deduct as liquidated damages an amount equivalent to two months' salary from any monies that may be due to you."

Now, I don't want to serve the notice period, but HR says I have to. It doesn't matter if I am under probation or not. What is the rule so I can fight my case?

Since your appointment letter specifies a notice period of two months and there is no specific mention of the notice period during probation, you are bound by the two-month notice. Normally, during probation, there is a lesser notice period than what is applicable to a permanent employee. However, I have not come across any case law or definite rule to that effect.

You are bound by the agreement of 2 months' notice whether you are on extended probation or not.

Probation Period and Job Confirmation

The company has placed a new recruit on a probation period to assess whether this new employee can meet the job requirements. If the company deems the performance satisfactory and the employee fit for the role, the company confirms the job, and the employee receives the benefits of a confirmed employee.

Clause for Extending Probation Period

Do you have a clause in your appointment letter that allows for extending the probation period? Is there any written documentation indicating an extension of the probation period? If not, you are not subject to a notice period since your employment has not been confirmed yet.

Handling Uncertainty During Probation

Dear friend, the situation is not clear; it is open to interpretation. We exempt probationary employees from the notice period until confirmation. You could inform your employer that as your job has not been confirmed, you are under significant mental stress due to uncertainty. Therefore, you are considering leaving the job while still under the probationary period, which seems never-ending.

I recommend seeking advice from a lawyer who specializes in labor law.