• Probation Confirmation after Resignation

I joined a MNC few months back. I completed my probation period but received no confirmation letter. However, few days back I resigned from my post. Since I was on probation, I was supposed to serve 1 month notice period. But the day I resigned, my manager confirmed my probation and now asking me to serve 3 months notice period.
Is this legal or do we have any legal law to protect this? How to resolve the issue.
Asked 7 years ago in Labour

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4 Answers

1. Well since you have resigned from the job the subsequent confirmation of probation is of no effect.

2.if you however lack on to the confirmation of probation then you will have to continue the job and then serve notice period.

3.Since it is the ploy of the employer to force you to work for another 3months you can always refuse to do so on the ground that you have already resigned.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Once you have resigned from service during probation period you are required to serve only one month notice period

2) you cannot be confirmed after you have resigned from service

3) express your inability to serve the 3 months notice period

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Probation period and notice period will defends on agreement or service contract between you the company. Since your manager confirmed your probation no need to worry. You just correspond them with said facts and let them reply.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

If you had tendered a minute before receiving the official confirmation of your employment from probation then your resignation shall be in line with the terms of resignation during the period under probation.

You may confirm the terms of resignation during probation and represent the matter with the top manage,ment of the company explaining the circumstances and request for relieving letter and settlement of your dues if any.

If the management turns a deaf ear quoting some flimsy reasons or rejects your request you may issue a legal notice to the employer demanding your entitlement of relieving letter as well as settlement of your dues, if any, as per the terms of employment offer letter, after which you may plan to initiate process through court for remedies and relief.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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