Confused About Notice Period Rules During Probation? Seeking Advice on My 16-Day Job Exit

Greetings, Learned Team, I would like to share my case and would need your guidance. I worked for a Madhya Pradesh-based IT company for 16 days. As I didn't like the work and its culture, I decided to quit.

Notice Period and Offer Letter Details

As per my offer letter:
1) I need to give a notice period of two months in case I decide to quit. It does not mention anything about whether this notice period is during probation or after permanent employment. Also, it does not address whether I need to pay in lieu of the notice period if I don't serve it. The letter states that the company reserves the right to not give my salary in lieu of the remaining notice period and will not accept money in lieu of the notice period offered by me.

My Queries

1) Am I required to serve any notice period when my period of service is 16 days (less than 30 days)? If yes, how many days/months as per labor law in India?

2) Can a company keep the same notice period for both probationary and permanent employees? Is this not unfair from the employer's side, where the employee does not have the right to make a decision if they don't like the work?

3) Nowhere in my offer letter and appointment letter has it been mentioned that I need to pay in lieu of the notice period if I am unable to serve it.

4) How does the Shop and Establishment Act of MP help employees who are in probation?

5) I don't need any relieving letter or certificate from the company.

6) My resignation was immediately accepted by the company as I was not a critical resource to them.

7) Can the company file a lawsuit against me if I refuse to pay them in my case?

Please help me understand this problem and suggest a suitable solution for future action. I would be happy to call if someone wants to consult me.

Regards, Gaurav

Greetings Team,

I am attaching documents related to the offer letter and appointment letter. Just to highlight, my offer letter does not contain any terms or rules regarding the probation period. Specifically, it does not mention the notice period I need to give in case of resigning within that period, nor does it state that I need to pay in lieu of the notice period.

I hope these documents are helpful.

Regards,
Gaurav

The company has asked you to give 2 months' notice as stated in your offer documents. Your probation period is 4 months accordingly. You are bound by Paragraph 14 of the termination policy as indicated. The company may or may not take action if you leave without following the formalities as stipulated. Therefore, make a decision based on a thorough reading of all the attached documents.

Notice Period and Legal Obligations

As per the documents, there is no mention of pay in lieu of the notice period. Can the company bind me to pay for the notice period? Also, does the Shop and Establishment Act provide some relief when the service period is less than 30 days in terms of the notice period?

Probation Period and Employee Rights

Additionally, is it lawful when the employer doesn't give equal opportunity to the employee during the probation period? Is this right as per the definition of a probationer by Indian labor law?

I have already left the company and joined a new firm. Everything ended on a happy note; I was neither asked to serve a notice period by HR nor reminded to pay anything. They accepted my resignation immediately as I didn't like the work. Now, is this scenario of using this contract to earn from the employee really up to the mark?

Whatever may be the working days, but you have to serve the 'notice period' as per your terms of appointment. Your intention is not to abide by the notice period and also not to obtain any relieving letter in connection with your appointment; this is a one-sided view. You can stay off on your own. The management is free to take legal action for the violation of the contract of appointment by you, if required.

Are you sure that the HR Manager of the previous company is not a member of this forum?

Understanding Indian Labour Law and Probationary Contracts

I am not worried if HR from that highly respected company is here or not. They may take any number of actions as they see fit. The purpose here is to understand what Indian Labour Law and the Shop & Establishment Act provide to candidates who are on probation. Why should I be responsible for such an immature contract that does not even classify or specify obvious things when I am not the contract maker?

Also, my intention here is not to present a one-sided view but to understand if a company can draft such a one-sided contract that does not give the employee an equal opportunity to choose their option when the employer does not fulfill their promise. By the way, for your information, there are existing laws to protect employees in such cases in some states, but not across India.

Notice Period and the Bombay SE Act

As per the Bombay SE Act, there should be no notice period applicable if the employee has served for less than 3 months. However, you may check with the Inspector under the SE Act or the Assistant Labour Commissioner at your location. Obtain the latest version of the Act applicable to your state from the Department of Labor website of your state or market. The SE Act is applicable to IT companies.