Hi, currently, I'm working in a company on a probation period of 3 months. The HR has not given me any completion letter, and my probation period ended on the 10th of Nov. However, I want to leave the company as I don't really feel comfortable working there. I applied for resignation on the 13th of Nov, but HR is adamant and insists that I stay till the 30th of Nov, or else he is saying my salary will be on hold. According to the rules, I have already communicated in the resignation letter that I will stay till the 21st of Nov for the proper handover process. Additionally, there is nowhere written in the offer letter that I have to serve the notice period during the probation period. Therefore, as per the law, the probation period doesn't require a notice period. Will I receive my salary once I leave the company on the 21st of Nov?
From India, Bhiwandi
Acknowledge(0)
Amend(0)
From India, Bhiwandi
Acknowledge(0)Amend(0)
Probation Period and Employment Terms
On completion of the period of probation fixed in the appointment letter, the employer should declare in writing whether the probationer has completed the period successfully or not. In the absence of any such declaration, the employee is deemed to still be a probationer, and the conditions of service, including notice of termination as mentioned in the appointment letter already issued, would be applicable until such formal declaration.
If no notice period is mentioned, the probationer is at liberty to leave the job at any time without notice, and the employer cannot insist on this unmentioned condition at his own discretion and withhold salary. Such an act is totally illegal.
From India, Salem
Acknowledge(1)
Amend(0)
6108On completion of the period of probation fixed in the appointment letter, the employer should declare in writing whether the probationer has completed the period successfully or not. In the absence of any such declaration, the employee is deemed to still be a probationer, and the conditions of service, including notice of termination as mentioned in the appointment letter already issued, would be applicable until such formal declaration.
If no notice period is mentioned, the probationer is at liberty to leave the job at any time without notice, and the employer cannot insist on this unmentioned condition at his own discretion and withhold salary. Such an act is totally illegal.
From India, Salem
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Notice period.jpg
Notice Period Extension Letter Format.doc