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Notice period in probation period


27-Aug-2023 (In Labour & Service Law)
Hi, In offer letter, Company is not specified noties period in probation(notice period not mentioned . But in termination nd notice period it is written 3 momths. I have resigned the organisation but now company is saying I have to serve 3 months notice period. I need suggestions on that ..in probation period after noties we can leave organization at any point of the time.
Answers (5)

Answer #1
166 votes

Once you have served the notice period, you are free to leave the company and take up a new job or pursue other opportunities. It is important to fulfil the terms of your employment contract and serve the notice period, as failure to do so may negatively impact your reputation and future job prospects. You may also invite legal action against you if terms of the contract (signed between the employer and you) are not fulfilled. 

It is also important to communicate clearly with your employer during the notice period and to provide any support that is needed to ensure a smooth transition. This may include completing any outstanding work, training a replacement, and transferring knowledge and information to your colleagues. It is suggested to clear out any ambiguities and confusions between the employer before you leave the organization.


People also ask

What happens if I resign in probation period in India?

Probation Period Rules In India If you wish to leave the company during your probation period, then you will need to give your notice. A probationary appointment is a temporary appointment. A probationary period can be for an unspecified time period or for a specified period. 22-Apr-2023

What are the rights of employees during probation period?

The employee receives the agreed upon salary or wage as per their employment contract. During the probationary period, employees enjoy the same rights as all other staff. They are entitled to the minimum wage in their country, sick pay and other fundamental employment rights.

  
Answer #2
653 votes
As there is no direct laws dealing with probation on a general basis in India, which is, however, a common practice. The Industrial Employment (standing orders) Act, 1946 which is applicable to workmen, provides for probationary period of up to three months. As for the termination and notice period you need to serve the notice as mentioned in the offer letter.
Answer #3
872 votes
If you are in probation then company can terminate you without notice or either you can leave the company. If your offer letter contains about serving of notice period while leaving the organization during probation through resignation then you have to serve otherwise not necessary

Answer #4
187 votes
  1. Notice Period During Probation Period:
    • During the probation period of employment in India, both the employer and the employee have certain rights and obligations regarding the notice period. The notice period serves as a formal process for resigning from or terminating employment.
  2. Probation Period:
    • The probation period is typically a specified duration at the beginning of an employment contract during which the employer evaluates the employee's performance, suitability for the role, and alignment with company expectations.
  3. Notice Period in Probation:
    • The notice period during the probation period is governed by the terms and conditions of the employment contract or the company's policies. It outlines the duration of notice that either party (employer or employee) must provide if they wish to terminate the employment relationship.
  4. Resignation Rules in India:
    • In India, if an employee wishes to resign during the probation period, they are generally required to serve the notice period mentioned in their employment contract or company policy. This notice period allows the employer time to find a replacement.
  5. Notice Period Obligations:
    • It's important for employees to adhere to the notice period obligations to maintain professionalism and fulfill contractual agreements. Failure to serve the notice period can result in consequences outlined in the employment contract.
  6. Exceptional Circumstances:
    • In some cases, there may be exceptions to the notice period during probation, such as mutual agreement between the employer and employee or if the employment contract allows for a shorter notice period.
  7. Legal Consultation:
    • If an employee or employer has questions or concerns about the notice period during probation, it is advisable to seek legal consultation or refer to relevant labor laws and regulations.
In summary, the notice period during the probation period in India is subject to the terms of the employment contract and company policies. Both parties should understand and adhere to these terms to ensure a smooth transition in case of resignation or termination during probation
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Answer #5
260 votes
If there has been no misconduct, you will receive a standard notice of 1 to 2 week during your probation period. The amount of notice that you must give also depends on your classification. It also depends on the industry you work in.
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Comments by Users

Shivani singh
The company are terminate without serve notice period and not give the salary so what i give my side action

Jatin
What if its written in appointment that notice period is 90 days from date of joining but probation period is for six months , then what will be my notice period in probation ?

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