Notice Period during Probation- peculiar case

You can submit resignation & no notice period required to be served.

In the first clause it has been stated & you are still in notice period.

As you are still in probation peroid , no notice period is required to be served untill & unless it is specifically stated.

Sir,

thank you very much for the reply.

But can the second clause given below be applied by the company during probation also. In case they misguide me and say I have to serve 3 months notice period then what should be the course of my action?

Under the heading TERMINATION I have the below clause
2.in the event of you relinquishing the services of the company, you will be subjected to the conditions of the non-severance agreement that would be executed between you and the company at the subsequent date.Otherwise, either party could terminate the service with three months of notice or three months of gross salary in lieu thereof.

Dear Mr.Venkat,

before providing our view points we need the details like your date of joining, if you have completed 6 months then also the management has not provided you the confirmaion letter.

Have you signed the service agreement, if yes then what are the critical points which specifically talks about your notice period.

If you are in probation ie., not acknowledged a confirmation letter, even though they say three months you can submit your resignation and ask for immeidate relieve, obtain an acknowledgement from your immeidate superior / HR department, send a e-mail / send your resignation letter under RPAD / through courier also. If they are creating any issue you can proceed legally and as per the given situation ( not acknowledged any confirmation letter, not signed any service agreement / not completed six months) you don't have any notice period.

Thanks and regards - kamesh 

To Mr. Kamaeswara Rao

Sir,

thank you very much for your detailed reply. Yes i have not completed my 6 months of probation period. I joined the company on 05-08-2010

The above two clauses which i mentioned in my above mail  are in my offer letter, which i signed.

I have not signed the non severance agreement which was supposed to be executed at a subsequent date as per the clause 2 mentioned above in my previous mail.

for your immediate reference:

 I have the following clauses in my offer letter regarding notice period for resigning the job, which to me seems to be contradictory.

Under the heading PROBATION I have the below clause
1.  the initial period of probation will be 6 months.During or at the expiry of your probation, the management has every right to terminate your services without any notice or without assigning any reason.

Under the heading TERMINATION I have the below clause
2.in the event of you relinquishing the services of the company, you will be subjected to the conditions of the non-severance agreement that would be executed between you and the company at the subsequent date.Otherwise, either party could terminate the service with three months of notice or three months of gross salary in lieu thereof.

regards

Venkat