Serving of Notice during Probation

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Chandranil (Querist)
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16 December 2009 Dear Experts,

What is the notice period to be served during probation

and what is the effect, if appointment letter has notice period of 2 months will the employee has to serve for 2 even if he is in probation.

kindly provide section or rules to support the answes

ANIL JANGID

ANIL JANGID (Expert)
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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.

Chandranil

Chandranil (Querist)
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24 December 2009 Dear Sir

But if the appointment letter does not specifically provides as to when notice period is applicable ie during pobation or post to confirmation

as the notice period is merely a clause of appointment letter

Asha Kanta Sharma online

Asha Kanta Sharma online

(Expert)
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25 July 2025 Hi,

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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