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Aman (NA)     24 October 2011

Is it possible to decline the confirmation after probation?

Dear Sir,

In my offer letter and joining letter it is mentioned that I am supposed to be on probation for 6 months and minimum 3 months notice period before leaving the organization or 3 months sallary. But due to unpleasant working environment and as day by day new policies getting deployed to limit my sallary I am willing to resign from the position. But as there is 3 months of notice period, I am loosing many great career opportunities. I already have completed 5 months probation, and I also aware that during probation company can deploy new rules inspite of mentioned in offer and joining letter. I wanted to know is there any rule which allows me to decline the confirmation by serving minimum of the notice period ( 1month ) or without notice period at all?

Please guide me in this.

Many a thanks



 5 Replies

Kumar Doab (FIN)     24 October 2011

Three months notice period during probation seems to be unreasonable.

What is your designation?

In case you have come across a good opportunity and you wish to leave you can do so by tendering notice pay @ as agreed in your appointment letter. Your liability is limited to the extent of shortfall in notice period and equivalent notice pay applicable in your case.

Change in employment terms which are accepted by you shall be applicable to you.


Ankit Ahjolia (IR Officer)     24 October 2011

yeap true....once you have accepted appointment letter which mentions about serving notice period of 3 dont have any provision to decline your notice period....if you are coming across good opportunities you can leave the company without notice period...and if appointment letter mentions if any change in policy same will also be applicable to stand no provision....

SURESH GODBOLE (ADVOCATE)     28 October 2011

Pl clarify these points :-

                       (i) The exact langauge of Offer Letter . Does it mention Probation  and after due and successful completion of Probation you will be appointed on the said post .

                      (ii) Does the Organization has a right to terminate probation if the Organization so desires and can terminate your probation too not leading to your appointment .

                     (iii) In Fact have they issued an APPOINTMENT LETTER mentioning Probation or Just an Offer for joining the post on Probation and after sucessful completion Your Apptt letter will be issued .

                     State exact facts  and the provisions here and I may advise or else YOU WILL KNOW YOURSELF


You cannot decline confirmation. An employee can decline promotion, but does not have any discretion to decline confirmation.

SURESH GODBOLE (ADVOCATE)     20 November 2011

The Employer has all the rights to decline confirmation after probation It is

It is mentioned in the Offer Letter of Probation itself

Attach offer letter or copy paste , you will get the answer

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