The primary governing document is your employment contract. If the contract clearly prescribes a 2-month notice period and does not carve out any exception for probation, then as a matter of contract law, the 2-month notice period would generally apply even during probation.
However, under the Karnataka Shops and Commercial Establishments Act, 1961, there are provisions relating to termination of employment, but these typically prescribe minimum protections and not maximum notice periods. The Act does not automatically override a longer contractual notice period unless the clause is shown to be arbitrary, unconscionable, or opposed to public policy.
A 2-month notice period, even during probation, is generally not considered illegal per se in the IT sector, especially for senior roles. Indian courts have consistently upheld reasonable notice periods agreed between parties, unless they are excessively harsh or one-sided. Therefore, challenging it purely as “unreasonable” may not succeed unless you can show that it is oppressive or selectively enforced.
That said, in practice, employment relationships are not enforced through “specific performance.” This means that an employer cannot legally force you to continue working. The consequence of not serving the full notice period is typically financial, such as recovery of salary in lieu of notice, adjustment in full and final settlement, or withholding of certain benefits.
If you choose to serve only 30 days, your options are as follows:
You may offer to buy out the remaining notice period, if your contract permits, by paying salary in lieu of the balance period. This is the most practical solution.
If the company refuses to issue a relieving letter or withholds full and final settlement solely on the ground of short notice, such action can be challenged as unfair labour practice. You may send a formal legal notice seeking release of dues and documents.
You may also negotiate a mutual early release, especially if you are in probation and have not yet been fully integrated into critical responsibilities.
In conclusion, while the 2-month notice period is likely enforceable as per contract, the employer’s remedies are limited to financial recovery, and you cannot be compelled to serve against your will. A negotiated exit or notice buyout would be the most effective and least contentious approach.
Please feel free to reach out if you require assistance in drafting a formal communication or negotiating exit terms.
Enforceability of a 2-month notice period during the probation period in IT company in Bangalore.
I am a senior professional currently in my probation period at a firm in Bangalore. My employment contract mandates a 2-month notice period; however, the contract does not contain a separate clause or any provision for a different (shorter) notice period specifically for the probation phase. I have resigned and wish to serve a 30-day notice period. I need legal advice on: Since the contract is silent on a separate notice period for probation, does the standard 2-month requirement still hold, or does the Karnataka Shops and Commercial Establishments Act provide a default (e.g., 1 month) for employees not yet confirmed? Is a 2-month notice period for a probationary employee considered 'reasonable' under Indian labor law, or can it be challenged as a restrictive covenant? What are my options if the company insists on the full 2 months and refuses to provide a Relieving Letter or settle my F&F after 30 days?
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6 Answers
Since there's a mention about two months notice period though not specific about probation or regular, it applies for probationers too.
Two months notice period cannot be challenged as restrictive clause because it is part of the terms of employment.
You may accept to buy out the notice period as per rules of the company.
Terms of contract are sacrosanct and binding upon parties .
2) you will have to serve the 2 month notice period
3) Under Indian labor law, a 2-month notice period is seen as a contractual obligation rather than an illegal restrictive covenant.
4) While you can argue that it is "unfair" to have the same notice for probationers as confirmed employees, challenging this in court for just one extra month of work is usually not time- or cost-effectiv
If your appointment letter says 2 months’ notice and has no separate probation clause, that clause will usually apply even during probation. The Karnataka Shops Act does not give a default 30-day resignation notice; Section 39 deals with employer dismissal after 6 months’ service, not an employee’s resignation.
A 2-month notice during probation is generally not treated as an illegal restrictive covenant. However, the company cannot force you to keep working; its usual remedy is notice pay or reasonable damages for breach, not specific enforcement of personal service.
If they refuse relieving documents or hold back dues after 30 days, send a legal notice and approach the jurisdictional Labour Officer/Assistant Labour Commissioner in Bengaluru; at least unpaid leave dues are recoverable under the Karnataka law.
Next step you may consider
Please get the appointment letter checked once, especially the notice, buyout and probation clauses, and take a phone consultation before leaving after 30 days.
Yes it is proper or as per the terms of employment whichever is more
Sir/Madam,
You are suggested to communicate your intention to the company regarding your resignation/leaving of company and ask for immediate relieving citing reasons of no mention of notice period during probation. If the company does not get agree, just talk and negotiate strongly citing that the company will be bound by the laws framed by it.
