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Sunil   25 February 2016



I was working in a private company since last 5 months. I am in probation period right now. I would like to know the notice period, if any during probation period. My contract states

"1. Probation: You will be on probation for a period of 180 days from the date of joining. During this period your services may be terminated on 60 days notice. Your employment will automatically be confirmed after completion of probation period, unless otherwise stated by the company.

2. (a)Termination of employment: If at any time, in the opinion of the company, which shall be final, you are deemed insolvent or are found to be guilty of dishonesty, disobedience, disorderly behaviour, negligence, indiscipline, absence from duty without permission or of any conduct unbecoming of status and the post you hold in the company's interests or of violation of one or more terms of this letter, your services may be terminated immediately without any prior notice.

(b) Subject to above clause and on confirmation of employment, termination of services will be 60 days notice in writing, on either side. You will not be permitted to adjust any accrued leaves against the notice period. The company reserves the right to offer base salary in lieu of notice. In case you do not give the required notice or stop attending the work during notice period, the company reserves the right to withhold the final settlement and relieving letter and to take necessary legal actions."

please reply.


 4 Replies

Prasun Chandra Das (Banker)     25 February 2016

It is a little tricky here.

1. says that "During this period your services may be terminated on 60 days notice." The words "from either side" is not mentioned. Strictly speaking, you cannot resign during probation period !!! But the employer can terminate you after a notice period of 60 days.


NOT strictly speaking, either party can terminate the contract of employment by serving 60 days' notice.



Sunil   25 February 2016

If there is nothing mentioned about my resignation during probation, then Can I resign with appropriate 1 week notice period or after completing my current assignments ( same won't take more than 3 days)?

Prasun Chandra Das (Banker)     26 February 2016

Pls speak to your HR & try for a mutually agreeable notice period. There is nothing for Legal here.

Kumar Doab (FIN)     29 February 2016

You have not posted anything about your designation, nature of duties,location etc and also whether this private company is; Commercial/Industrial and whether Modewl Standing Orders/Certified Standing Orders shall apply to your designation?



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