Confused About Notice Period During Probation? Seeking Advice on Employer's Refusal to Relieve Me

I am working with a Ltd Company since May 2022. I tendered my resignation on 9th July 2022, requesting to be relieved by 31st July 2022 (in 3 weeks' time). The company has not accepted my resignation, stating that the notice period is 90 days, as indicated in my joining letter. However, it is also mentioned in my joining letter that the probation period is of 6 months duration. I have resigned after two and a half months of service. It is not specified whether the three-month notice period clause applies only to permanent employees or if it also covers those on probation.

My questions are:

1. Should I extend my notice period by another week to cover 30 days as per the accepted practice in vogue?
2. What should I do if the employer still does not relieve me? They have clearly told me that they are not willing to let me leave the company.
3. Will they ask me to deposit my 2 months' salary, and if so, what should I do?

Please guide.

Hi, during the normal course, an extended notice will not be applicable during the probation period. In any case, discuss with your employer and arrive at a common date to resolve the issue amicably.

Your appointment letter states a 90-day notice period. Since nothing else is mentioned, it applies to the probation period as well. I am not sure what difference an additional one week will make. You need to speak with the company and figure it out.

Here is the corrected version of the user's input:

Probation and Notice Period Queries

Your queries are answered below at seriatim:

1. There is no accepted practice regarding probation; it varies from organization to organization. However, one month's notice during probation is the most commonly used. Your continuance for one more week will have no impact apart from reducing your liability to that extent. Therefore, a three-month notice period has to be accepted as applicable in this matter.

2. If they don't relieve you, and you do not wish to continue serving, there will be a stalemate situation. The employer will not pay you, carry out the Full and Final (F&F) settlement, or issue certificates, etc. Is this arrangement acceptable to you?

3. This is what can be expected. As advised by the learned member, you probably have no choice but to talk with your manager/HR, etc., and work out a mutually satisfactory solution.

As per the terms of your probationary appointment (joining letter as per your version), it is incumbent on you to give three months' notice of resignation to get relieved. I suppose you have been confirmed in your service after completing six months' probation, and in such a case, you should have been issued a letter of confirmation. Your confirmation letter, I suppose, is in continuation of the terms of the probationary offer letter unless there is any change in any of the terms.

Therefore, the employer is in order to insist on you to give three months' notice of resignation or payment in lieu thereof. In your case, you need to pay two months' salary in lieu of two months' further notice (deficient notice period).

I am giving my views purely on assumption in the absence of your furnishing the joining letter and confirmation letter if any issued to you.

If you need clarification based on facts, please do furnish copies of your joining letter and confirmation letter if any.

Regards, P. Senthilkumar

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