Facing a 90-Day Notice Demand During Probation: How Should I Respond to HR's Threat?

I have recently joined a new organization and am currently in the probation period. I have completed 3 months of the probation period, with 3 months still remaining. I have decided to resign with a 30-day notice period. However, my HR is insisting that I serve a 90-day notice period. This requirement is not mentioned anywhere in my appointment letter regarding the probation period. The appointment letter clearly states, "it is mandatory to serve a 90-day notice period after employment confirmation." Since I am still in the probation period, this clause should not apply to me. My HR is threatening that my resignation will be treated as absconding.

What should I do?

Hi Aman,

As a general rule of thumb in most companies, probationers and employees are locked in with the same notice period, whether 30 days or 90 days, as per company policy. That being said, if it is clearly mentioned "after employment confirmation," it is quite plausible to assume that the 90-day notice period does not apply to you.

Please also mention the entire sentence and paragraph. If probationers are not covered under the 90-day notice period, what is the alternative option provided to them by the company? From my perspective, "after employment confirmation" could also just mean after the employee joins, they have to serve a 90-day notice period. I would suggest you communicate with HR and request an amicable separation from the company, stating personal reasons and such. Good luck!

The challenge of extended notice periods

Unfortunately, a new practice has emerged that increases the notice period to up to 90 days for all categories of employees. This makes it difficult for a person to search for a new job while serving a 90-day notice period in their current organization. The HR community must work on addressing this issue.

If your appointment letter specifies a 90-day notice period only after employment confirmation and you're still in your probation period, the 90-day notice period should not apply. Politely but firmly clarify this with HR using the appointment letter as evidence. Offer to adhere to the notice period specified for probation, typically 30 days.

If HR threatens to treat it as absconding, seek legal advice or consult a labor lawyer to ensure your rights are protected.

Notice Period During Probation and Employment Confirmation

Notice period remains the same for the period of probation as well as for employment confirmation. However, in the absence of a separate condition in your appointment letter for the probation period, your HR's decision is correct to consider it as absconding if the stipulated notice period is not served. Your only option would then be to buy out the notice period. These views are based on the absence of specific provisions in your appointment letter.

Hi, wherever possible, please strive for an amicable relieving process. Whether a 90-day notice period is applicable to you or not is not the criterion. If you litigate the relieving process, your case will be subjected to disciplinary action. Therefore, negotiate with your HR for a 45-day notice period or something similar.

Given your short tenure, leaving without any notice may not cause issues. However, your services will be terminated for not serving the notice period and unauthorized absence from duty. If Provident Fund (PF) contributions are deducted with the current establishment, it will be reflected during future Background Verification (BGV) processes, even if you omit this employment from your CV.