Probation period and Salary payout - as per law probation period doesn't require a notice period?

mayuresh-wagh
Hi, Currently Im working In a company on a probation period of 3 months. The HR has not given me any completion letter. And my probation period is ended at 10th of Nov. But I want to leave the company as I don't really feel comfortable while working there.

I have applied for resignation on 13th Nov But HR is adamant and he is telling me to stay till 30th Nov or else he is telling me your salary will be on hold. So as per rules, I have already communicated in the resignation letter that I will stay till the 21st of Nov for the proper handover process. And also there is nowhere written in the offer letter that I have to serve the notice period in the probation period. So as per law probation period doesn't require a notice period so will I be getting the salary once I leave the company on 21st Nov.
umakanthan53
On completion of the period of probation fixed in the appointment letter, the employer should declare in writing whether the probationer has completed the period successfully or not. In the absence of any such declaration, the employee is deemed to be still a probationer and the conditions of service including notice of termination as mentioned in the appointment letter already issued would be applicable till such formal declaration. If no notice period is mentioned, the probationer is at liberty to leave the job any time without notice and the employer cannot insist on this unmentioned condition according to his own discretion and with hold salary. Such an act is totally illegal.
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