Notice Period on Probation

This query is : Resolved 

Querist : Anonymous (Querist)
16 February 2011


I have a query relating to maximum notice period that should be enforceable during probation period.

I joined an IT company which went back on commitments made during the recruitment process and henceforth I resigned. I resigned within 15 days of joining the company, I was asked to serve 3 months notice period as mentioned in the offer letter accepted by me. the clause in the offer is as follows:

4. Probationary Period
You will be on probation for a period of six months and may be confirmed as a permanent associate
upon successful completion of your probation. The period of probation can be extended at the
discretion of the company

5. Notice Period
You will be required to give three months notice in case you decide to leave our services and the same
is subject to the company’s discretion. The company reserves the right at its sole discretion, to
substitute the notice period by paying you base salary in lieu of the notice period.

My question is since I'm on probation and the offer letter does not mention specifically any notice period for Probation. Does the company has the right to make me serve the 3 month notice period which I believe is against natural justice as I was just 15 days old in the organization while resigning. I have formally put the same question to the HR but have received no answer on the same.

Please advice, if there is a legal recourse for the same.

Thanks in advance.

jagadeeswaran.l (Expert)
16 February 2011


Ajay Bansal (Expert)
16 February 2011

The plea of probation period has no concerned with notice of resignation.

Dhingra, (Expert)
Click to Talk
16 February 2011

Probably, before putting in your resignation you did not try to refer to the offer letter you signed before joining the company. In fact, your offer letter was the best guide for you at the time you decided to submit your resignation. It is quite late now, as the company is secure by binding you in the contract for job with you.

If it is not very late after you submitted your resignation, better try to rejoin by withdrawing your resignation letter and submit the same after some time with a clear notice of 3 months. If not possible, you shall have to shell out and pay to the company an amount equivalent to the salary for the period short of notice period

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381

Kirti Kar Tripathi (Expert)
16 February 2011

What you want?
Generally notice period has nothing to do with probation period. If you accepted the offer, you are liable to comply the condition of offer letter irrespective of fact whether you are on probation or permanent. But if you resign, to claim amount under the notice period will not be easy for the employer as employer can not compel yo to continue the employment because contract of personal service can not be specifically enforced and for claiming amount under the contract, the employer can either adjust the same against your terminal dues except from gratuity or PF or file suit for recovery of amount. I do't think. an employer will take pain and prefer suit for recovery of amount for this meager amount.

Adinath@Avinash Patil (Expert)
17 February 2011

I agree with kirti

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