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Parthasarathi Saha   26 June 2024

Legal advice about probation period and resignation

In the offer letter it is mentioned that, the company won't accept resignation letter during probation period which of 6 months & company can terminate my contract without any prior notice.

A probation period without any exit option for employee and contract termination without any prior notice, is it even legal?



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 June 2024

In the offer letter, it is mentioned that "won't accept resignation letter during the probation period of 6 months. So it is their condition. The period of six months may be calculated from your date of joining.  So it is legal in my view.

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 June 2024

If you have signed the offer letter accepting the conditions of employment therein then you cannot dispute the legality of it now. 

1 Like

Dr. J C Vashista (Advocate )     27 June 2024

It is a one-way traffic for terms of service, which should not have been accepted by employee.

P. Venu (Advocate)     27 June 2024

In the absence of reciprocity, such one-sided condition is not lawful and hence, not legally enforceable.


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