Confused About Notice Period Rules During Probation? Need Help Understanding Legal Terms

Hello, I wish to leave my current organization due to the huge workload, office politics, and mainly the rude behavior of my supervisor. It's been 4 months since I joined, and I am currently in my probation period. I want to understand the notice period rules as they are not clear from the offer letter. Can someone please interpret it legally as I find it ambiguous?

"Probation Period

(a) The first six months of your employment are considered a probation period. Xyz reserves the right to extend your probation period beyond this initial term. During the probation period, Xyz may terminate your employment upon 30 days' prior notice.

Termination by Either Party

(b) Each party may terminate this agreement at any time by giving the other party a 90 days' prior written notice. During the notice period, you shall continue to perform your position and attend work, and perform any additional handover and other duties, as instructed.

Resignation and Notice Period

(c) If you resign and wish to leave your employment prior to the completion of your notice period, you must ask for Xyz's approval, considering it may negatively impact Xyz's work continuity and/or cause damage to Xyz and/or its customer relationships. If you leave early without seeking such approval, or despite the fact that approval was not granted, you shall reimburse Xyz an amount equivalent to your salary for the unexpired portion of the notice period, and by signing herein, you irrevocably authorize Xyz to offset or deduct such amount against any amounts owed to you by Xyz.

Employer's Right to Terminate

(d) Xyz reserves the right to (i) terminate your employment by paying you the equivalent of all or part of the prior notice period in lieu thereof; or (ii) instruct you not to attend work during the prior notice period or any part thereof."

Clarification on Notice Period and Termination

The specific points on which clarity is needed may be mentioned for considered views of the learned members of the forum. However, the following are clarified:

1. During the period of probation, the employer can terminate with one month's notice; notably, a reciprocal provision for the employee to leave the service is not there.

2. As far as the employee is concerned, the notice period is 90 days. Subject to clause 1 above, the employer also has to give a 90-day notice period.

3. The employer is authorized to deduct the salary for the remaining notice period if the employee leaves the service without completing it.

4. The employer has the right to waive the notice period.

Thank you for the information. If I resign today and wish to serve the 90-day notice period, can the company say that since I am in probation, I will have to serve only 30 days, or will they give me a 30-day payout only?

No, it is provided in the agreement that even during probation, you have to serve a ninety-day notice period. If it is the management terminating your service, then only a one-month notice period comes into play. The management has the right to pay for the notice period in full or in part when it terminates your service. When you are resigning, this clause will not operate.

The management has the inherent right to pay you off and relieve you from service. During probation, you are only entitled to a 30-day notice.