Notice Period during Probation Period - If the organization forces me to serve 90-day notice period, what are the ways to deal with it?

Hi Experts,

I have joined an organization on 2nd September 2024 based on an offer letter shared on 20th June 2024, which only included the salary structure with NO OTHER clauses written. I would like to resign as I am not working in the role we discussed during the interview.

The organization provided me a letter of appointment on 7th of November requesting my signed acknowledgment (after 2 months of my joining) but the letter is DATED June 20, 2024. As per the letter of appointment, the notice period is 90 days, with no explicit mention about the notice period during the probation.

I have NOT provided my signed acknowledgment so far. I wouldn't have joined the organization if this 90-day notice was mentioned either in the OFFER LETTER or during my onboarding process on 2nd September (DoJ). So far, there have been no follow-ups from HR for the signed acknowledgment.

In this situation, if I resign, do I need to serve the 90-day notice period or not? If the organization forces me to serve the 90-day notice period, what are the ways to deal with it?

Sharing details about my notice period and probation.

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Thank you for the opportunity to discuss my notice period and probation. I wanted to provide you with some information regarding these aspects.

Regarding my notice period, I am required to give a one-month notice before leaving my current position. I am committed to fulfilling this obligation and will ensure a smooth transition during this period.

In terms of my probation, I am currently in the probationary period, which is set to end next month. I am dedicated to meeting and exceeding the expectations during this period to demonstrate my capabilities and commitment to the role.

I hope this information clarifies any questions you may have regarding my notice period and probation. Please let me know if you need any further details or clarification. Thank you for your understanding and support.

If you have not signed the appointment letter and or any other letter where the notice period is mentioned, you are not bound by any notice period requirement. Still, it is advisable to settle the notice period matter mutually with the present employer. The reason being, if you are going to a new employer, they normally seek feedback from your last employer.