Confused About Notice Period Rules After Resigning During Probation – Need Advice!

Hello, Firstly, I am mentioning my company's probation and notice period policy.

"Probation and Notice Period Policy"

"All employees on appointment in the service of the organization shall be placed on probation for a period of six months. Every employee has to serve a notice period of one month or pay one month's salary in lieu, in case of resignation during the probation period."

I joined this company on 14th Jan 2019 and resigned on 2nd July, which is before my 6 months probation period was over. But now my boss is saying that I will have to serve a two-month notice period as I am a confirmed employee. My question is, why should I serve a two-month notice period when I resigned before my 6 months probation period ended? Please, someone help me with this issue and guide me on what I should do now. Thank you.

Probation and Resignation Timing

The poster's period of probation was set to end approximately on 13th July 2019. However, he submitted his resignation, likely with immediate effect, on 2nd July 2019. Therefore, it is clear that he resigned before completing the 6-month period stipulated in the contract of employment or the Notice Period Policy of the organization concerning probationers.

Employer's Misunderstanding

It seems the employer may believe that a resignation takes effect only when accepted by the employer, and that the employee must serve the notice period for the resignation to be accepted. I find it difficult to accept such a far-fetched contention, especially when the resignation is immediate, with or without a buy-out of the notice period.

Notice Period and Probation Status

At most, the employer can insist on one month's notice salary or recover the same from the Full and Final settlement (F&F). Moreover, as long as an employee is kept as a probationer without formal orders of confirmation or extension of the probation period, the employee is still considered a probationer, regardless of the time served.

Conclusion

Therefore, the employer's contention is entirely incorrect, and the demand for serving a two-month notice period is illegal. The poster can formally notify the employer of this, pay one month's notice salary, and simply walk out.