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First, Please go through this probation period clause in my current company's offer letter. Location - India (If that matters)

Probation Period: You will be on probation for a period of 12 months from the DOJ. If your performance is found satisfactory, your employment will be confirmed upon the successful completion of the probation period. Without prejudice to clause I(b) below (This clause basically says that the normal notice period is 2 months for both sides), at any time during the probation period, the Company reserves the right to terminate your employment with 1 month notice or salary in lieu of notice period in case your performance does not meet the desired expectations of the Company, as per its policies. The performance criteria is not included in this letter but you will be taken through the same as part of your induction.

I just joined this company 1 month ago and I am a new grad and I now have a better job opportunity with better pay. I want to join that company. But as you see, they have not mentioned about the notice period I would have to serve if I resign during probation period. Now I have to join my next company in 12 days, I am gonna tell my manager tomorrow about my resignation.

  1. Would I need to serve the notice period in this case then? And if I have to serve notice period, this would clash with the joining date of my next company. How can I handle this situation?
  2. Is this the unwritten rule that I can bypass notice period in any company by paying that month's salary or does it depend from company to company?

Please help me with these questions of mine. Thank you!

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  • Please add a country tag. This question is only answerable if we know where you are employed. Oct 11 '20 at 11:10
  • India has a fairly unusual set ot labor laws and practices. You SHOULD really go and talk to a local employment laywer
    – Hilmar
    Oct 11 '20 at 11:37
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    12 months probation and 2 months notice sounds nightmarish.
    – Dom
    Oct 12 '20 at 8:33
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Yes. According to this contract you must give 2 months notice.

Whether they can be convinced to let you out of that or not is an exercise for you to perform by asking them.

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    Thanks for the answer. What are some ways I can convince them to reduce the notice period? Also, I am a new joiner, how would the company benefit from keeping me for a longer time in the company? Can I pay them money equivalent to my one/two month salary to reduce my notice period? Oct 10 '20 at 15:13
  • Those are questions to ask them not us.
    – mxyzplk
    Oct 10 '20 at 15:59
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    Ah okay. Also, could you recommend some ways to negotiate about reducing the notice period as you mentioned in your answer? And thanks for replying Oct 10 '20 at 16:18
  • Well, noting you are a new joiner and there’s not a real benefit to the company, or being willing to pay a month of salary might help. In general it’s not about “making points” or telling them things they already know, it’s about being professional and respectful, making it clear you know you’re asking for a favor and would appreciate it - basic social skills.
    – mxyzplk
    Oct 10 '20 at 16:40
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    Got it. Thank you sir. Oct 10 '20 at 17:55

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