Notice period
Vijay
(Querist) 09 August 2011
This query is : Resolved
Hi All, As per my offer letter which is signed, states that (a) Your appointment will be on probation for a period of 6 months. You will be advised in writing upon satisfactoy completion of the probation period. If you receive no such communication, the probation period will be deemed to have been extended until the company advising you of confirmation in you appointment or notifying you otherwise.
I have been working here since 1.5 years and have not been confirmed as of today. Now, if i decide to resign, will I need to serve 3 months (after confirmation) or 1 month (probation). I have received my annual hike which was due this year. Am I confirmed or still on probation?
R.Ramachandran
(Expert) 10 August 2011
According to the terms of the offer letter, you having been not specifically informed about the permanacy, you would continue to be a probationer. Your getting annual increment has no relevance.
According to me, you are a probationer.
In any way, if you have decided to quit the job (either with 3 months or 1 months notice period - depending upon whether you are a permanent employee or a probationer), it would be wise for you to write a letter to your mamanagement / HR telling that you have not received any intimation as indicated in the offer letter about successful completion of the probation, therefore please confirm what is my status - am I still a probationer or a confirmed employee.
That will fetch you a correct and authentic answer from the horse's mouth.
Guest
(Expert) 10 August 2011
Perfect advice by Mr. Ramachandran! Ask your employer about your present status and the date of effect for that status. If the employer states that you are a confirmed employee, you would need to serve 3 months' notice, if still probationer, you would need to serve one month's notice for resignation, as per the terms of your appointment letter.
Kirti Kar Tripathi
(Expert) 10 August 2011
What condition is in your appointment letter regarding notice period? if there any other service conditions other then appointment letter,notice period will depend on the same.
K.S.Srinivas
(Expert) 10 August 2011
Even though you have completed 1.5 years service, and the probation period is 6 months, as per the appointment letter your are supposed to receive intimation to the effect that whether you are confirmed employee or not. In the absence of receipt of any intimation letter, it is deemed that still you are a probationer and that too in the extended period of probation. Hence, 1 month notice is sufficient.
Vishnu Promod Srivastava
(Expert) 10 August 2011
According to ur terms of appointment u r still on probation since u have not been informed of ur confirmation.As such u have to give one month's notice as is required from probationer.
Vishnu Promod Srivastava, Advocate
Vijay
(Querist) 11 August 2011
Thanks all for clarifying this. Really appreciate this forum and the responses that were received so quickly. I have asked the HR, they have not issued the confirmation letter for me. Normally, this is issued via a HR tool. They feel that there might be a system issue. But for all others purposes, HR tells that I am confirmed and there is no doubt about it. HR even told me that its not always that they go by the rule book. Even, now I havent received the confirmation letter and they told me that, if I resign today, I would be required to serve 3 months notice period. Is this correct?
