16 December 2009
Notice period serve as per terms and condition of appointment letter.If appointment letter has notice period of 2 months in such condition you serve 2 month notice period.
This is a common point of confusion in employment law — notice period during probation — especially when the appointment letter doesn’t clearly distinguish between probation and post-confirmation periods.
Here’s a clear, legally grounded explanation:
✅ Short Answer:
If the appointment letter mentions a 2-month notice period but does not specify whether it applies during or after probation, then the 2-month notice period is generally considered to apply during probation as well.
📌 Contractual terms prevail, unless explicitly limited to post-confirmation. ⚖️ Legal Position (as per Indian Employment Law):
No specific statutory notice period for probationers under general employment law (Factories Act, Shops & Establishments Acts vary by state). In absence of a statutory rule, contractual terms (appointment letter) govern the employment relationship. Courts have upheld that contract terms apply fully during probation, unless explicitly stated otherwise. 🧾 Case Reference: Rajasthan State Road Transport Corporation v. Deen Dayal Sharma (2010) — The Supreme Court reiterated that terms of appointment apply during probation unless the employer provides different conditions. 📌 If the appointment letter is vague or silent on probation-specific notice:
Courts and HR best practices generally interpret it as: Notice period applies equally to probation and confirmed employees. Both employer and employee must honor the stated notice period or pay in lieu. ✅ Recommendations:
Check full appointment letter carefully — look for phrases like: “During probation, either party may terminate the contract with one month’s notice…” Or “After confirmation, the notice period shall be 2 months…” If silent, treat the 2-month notice as applicable during probation.
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