Legal advice required on notice period obligation

Querist : Anonymous (Querist) 02 March 2026 This query is : Resolved
Dear Sir/Madam,

I am seeking your legal advice regarding my notice period obligation with my current employer.

As per my appointment letter, the notice period of 15 days is applicable after confirmation. I have completed 4 months of service; however, the company has not issued any confirmation letter to me till date. Despite this, HR is verbally insisting that I must serve a 2-month notice period, which they claim is as per company policy.

There is no written communication or clause in my appointment letter stating that a 2-month notice period applies during probation. Since I have not been formally confirmed, my understanding is that I am still on probation and the post-confirmation notice period should not apply to me.

I have received an offer from another company that requires me to join within 15 days. I want to ensure that I comply with my legal and contractual obligations and exit properly without future legal or professional issues.

Could you please advise:

Whether I am legally bound to serve a 2-month notice period without having received a confirmation letter?

Whether I can serve/pay only the probation notice period as per my appointment letter?

Any risks involved if I resign by serving 15 days’ notice or salary in lieu of notice.

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Quick Summary

An employee is seeking legal advice regarding their notice period obligation. Their contract states a 15-day notice period after confirmation, but they haven't received a confirmation letter after 4 months. HR is verbally demanding a 2-month notice period based on company policy, which isn't in writing. The employee wants to know if they are bound by the 2-month period or can serve the 15-day probation period, especially as they have a new job offer requiring a quick start. The advice suggests submitting a resignation with 15 days' notice, citing the appointment letter and the lack of formal confirmation as justification.

T. Kalaiselvan, Advocate (Expert) 03 March 2026
In the absence of specific notice period for resignation, you may proceed as per the conditions of your employment offer letter and can cite the same in your resignation letter and secure this notice as evidence to manage future issues.

P. Venu (Expert) 04 March 2026
You may serve notice as per the prevailing conditions, highlighting therein that, not being confirmed 15 days Notice period satisfies the contractual obligation.

Dr. J C Vashista (Expert) 05 March 2026
Submit your resignation letter with 15 days notice, as no notice period is specified for unconfirmed employees.

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