I joined a firm in November 2019. As per my appointment letter the company had put me on a probation period of 6 months. It mentioned that I will have to serve a notice period of 1 month if I resign within the probation period.

It's been almost 10 months, I have been reminding the HR department to clear my status with the organization.

The HR has neither informed me of an extension of my probation period nor my confirmation. If I had been confirmed, then a 3 months notice period would be applicable as per company rules.

Also I am not happy with the firms work environment I want to resign.

If I hand in my resignation, how much notice period will I have to serve? Or Can I leave without a notice period since my appointment status is not clear?

  • 3
    You had a probation period of 6 months and you have been there for 10 now? Whats unclear? Probation is over, you have the normal full employment status and have all the rights and obligations stated in your contract, within legal boundaries of course!
    – Daniel
    Oct 2 '20 at 9:42
  • A similar thing happened to someone I used to work with. He was going to be one of the few in the team to be TUPE'D over but wanted to resign instead. He argued his notice should be one month instead of three since he didn't get a letter stating he passed the probation. HR sent him a letter saying "Congratulations, you have retroactively passed your probation" and he had to work the full three months. At any other time they may not have cared, but they needed him. Ask your manager, they might not care you working just one month but be prepared to work three.
    – Monstar
    Oct 2 '20 at 11:55
  • 2
    Where in the world are you? I would assume that not firing you automatically concluded your probation. But we can only know for sure if you give us context.
    – nvoigt
    Oct 2 '20 at 12:31
  • In many in the world, there is a legally enforced maximum notice period for employees. When the law says that employees are allowed to terminate employment contracts in, say, two weeks, then a contract clause which says you need to give 3 month notice might be void.
    – Philipp
    Oct 2 '20 at 13:37

If I put my resignation, how much notice period I will have to serve?

I think 1 month is right but your company can argue and make it 3 months , if they really do not want to leave you soon. You need to walk up to your HR or call them directly and sort it out.

Or Can I leave without a notice period since my appointment status is not clear?

Lack of clarity in appointment status may not be a good argument for leaving without notice. You know it is at least 1 month. You may still be able to walk out without notice period if your company approves it but surely work it with them.

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