Can My Company Make Me Serve the Full Notice Period After Probation Ends?

During probation, your employment can be terminated with thirty days’ notice or payment of ‘Basic Salary’ (the ‘Basic Salary’ that is mentioned in the salary break-up sheet) in lieu of the notice period on either side.

After completion of the probationary period and confirmation of employment, if you voluntarily resign from the services of the Company, you will be required to give ninety days’ advance written notice or ‘Basic Salary’ in lieu of the notice period, subject to the Company’s discretion. In the event of you having any incomplete work assignment, the Company will have the discretion to relieve you only at the end of the ninety days’ notice period.

Similarly, the Company may terminate your employment by giving you ninety days’ notice or ‘Basic Salary’ in lieu of the notice period. The Company can terminate your service without any notice period and without paying the salary in lieu of the notice period, in case your employment is terminated on the grounds of:

- Breach of confidentiality or IP-related obligations
- Violation of law
- Gross misconduct
- Material breach of Company policy, on your part.

In such an event, the Company will not be liable to make payment in lieu of the notice period.

If you have any incomplete work, the company can require you to serve the full notice period. Otherwise, you can pay the basic pay in lieu of the notice period and be relieved. Talk to the RO.

No work is pending; in fact, I'm on the bench. However, they are forcing me to serve the full notice period, citing that a buyout is not in the company policy, and we have never given a buyout to anyone before.

What should be my best option in this case?

It is clearly mentioned in the offer letter that by paying three months' basic pay, one can be relieved. So why not allow it?

It is also written at the company's discretion that I have completed the probationary period.

See:

"After the completion of the probationary period and confirmation of employment, if you voluntarily resign from the services of the company, you will be required to give ninety days' advance written notice or 'Basic Salary' in lieu of the notice period subject to the company's discretion."

Can they really do something like this?

An offer should not be one-sided. They cannot compel you to serve a notice period if no work is pending. If they do not allow you to leave, it should only be considered a bad HR practice.

So now, what are my options? Can you please give some suggestions?

Thank you.

The only viable option is to appeal to the concerned person in the company. Speak with them through someone who holds influence. While pursuing legal action may lead to a successful outcome, it could also potentially harm your career. Therefore, consider attempting to persuade the HR department or another relevant individual.