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Notice period during probation

(Querist) 12 February 2019 This query is : Resolved 
These are two clauses from my offer letter.
Probation Clause: You would be on probation period for 6 months from your date of joining. The company may terminate your employment with immediate effect if any of the terms and conditions as specified herein.

Termination Clause: During the period of your association with the company, by giving written notice of 30 days, your period/service may be terminated. You may, with written notice of 90 days terminate your services with the company or pay your three months gross salary, at the discretion of the company.

I am still under probation period and have resigned. How long should notice period to I need to serve? Does the termination clause applies during probation period?
Adv Shailendra Deshpande (Expert) 13 February 2019
Probation decides class of employee while Termination clause decides the duration of notice period and in some case procedure. In your case termination clause is applicable as No separate terms are mentioned for notice period for probationers. hence you need to serve 90 days notice period. It is discretionary power of company to accept salary in lieu of notice period.
KISHAN DUTT KALASKAR (Expert) 13 February 2019
Dear Sir,
Since you resigned during prohibition period as such notice period not applies to you, however you must give a reasonable opportunity of atleast 7 days to your employer to make his own alternative arrangements.

Please mark “LIKE” if satisfied by my answer.
kavksatyanarayana (Expert) 13 February 2019
Yes. I agree with the advise given by expert Mr.Shailendra M. Deshpande ji.

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