Can I Decline a Confirmation Letter and Avoid a Notice Period After Probation?

In my current company, I completed a 6-month probation period, but I don't like their work culture, and I have found another job. They will be providing a confirmation letter next week. During the probation period, I do not have any notice period.

I have some queries:

1. Can I decline this confirmation letter? If I accept, my notice period is one month.
2. Is my signature required for acceptance in the confirmation letter?
3. If they insist that I serve a one-month notice period, is it legal? Can I take any legal action against the company?

Thank you in advance.

Unilateral Termination During Probation

If the poster is sure that no notice is required for unilateral termination of an employment contract by way of resignation during the probation period, they may consider doing so at any time before the completion of the 6-month period. Orders of confirmation are a declaration by the employer that the probationer has successfully completed the period of probation and has become a full member of the service, not an offer. Therefore, the question of acceptance of the orders of confirmation from the side of the employee doesn't arise at all.

I think that for reasons best known to yourself, you are a bit confused about your current employment. In general, it is quite natural at an employable age for everyone to be constantly on the lookout for a better job. At times, a bird in the hand is worth two in the bush. Therefore, you should always have a comparative evaluation juxtaposing your innate desire for paid employment and your present job, your job satisfaction, and growth potential in the hierarchy of the organization. Employment is only a means for living and not life in itself. However, whatever be the type of employment, whether self-employment or paid employment, there are certain basic rules to be scrupulously followed. If you are scared or hesitant to observe the rules, you cannot be successful in your career despite your high degree of common intelligence or employability. Work culture in government organizations and the private sector are totally different. Even in the private sector, it is not one and the same in every organization. You must have adaptability. You might have heard the proverb: "If the mountain will not come to Mohammed, Mohammed will go to the mountain," which simply means that if things are not going your way, you will have to adjust the way they are.

In particular to your present dilemma, if you are certain about the alternative job, leave the present one before you are confirmed. In case some time is required before which you are likely to be confirmed in the present job, then be prepared to serve the notice period or buy it out in order to make your separation formal and peaceful.

Dear Colleague, you are standing in the twilight zone of completion of the probation period and likely confirmation at the same time as you wish to leave the job. Legally, until you are issued with the confirmation letter and accept it, you remain a probationer.

At this juncture, you want to quit. Do so by following the applicable conditions of the probationary appointment. As per your understanding, you can leave without notice. So go ahead and resign. If the company attempts to provide you with a confirmation letter, politely decline and quit.

Regards, Vinayak Nagarkar HR Consultant

Dear colleagues,

I believe an employee is entitled to hear officially whether probation is successfully completed or not. It is common practice that employers don't issue this letter immediately upon the expiry of the probation period. A sound HR practice calls for the employer to clearly state Yes or No to this. It would not be unreasonable to say, "a probationer is deemed to have completed his/her probation period successfully if no extension is issued on or immediately after its expiry." Perhaps a few days of grace period could be allowed for completing the appraisal formalities. It would be unfortunate if an employer were to consider the probation period as automatically extended indefinitely until a confirmation letter is issued. Am I correct?

Generally, probation periods of 3 months to 1 or 2 years are common, based on what I have observed. However, this duration can vary from employer to employer as relevant regulations may apply to this crucial aspect of HR policy. The anonymous friend did not specify the exact period as mentioned in his offer or appointment letter and how many months have passed since the probation period.

Thank you.