Reading: Hi, I’m working at an IT firm in India. My appointment letter says I need to give a month’s notice if I resign during my probation period. I submitted my resignation three weeks ago, but my employer hasn’t accepted it. They’re now asking me to serve two months, but my letter states one month and I’ve already extended it by a week. So I’m currently serving a month and a week’s notice. My questions are: 1. Can I leave after serving this notice period? 2. If I do leave, can my employer take any legal action?

Hi, I’m working at an IT firm in India. My appointment letter says I need to give a month’s notice if I resign during my probation period. I submitted my resignation three weeks ago, but my employer hasn’t accepted it. They’re now asking me to serve two months, but my letter states one month and I’ve already extended it by a week. So I’m currently serving a month and a week’s notice. My questions are: 1. Can I leave after serving this notice period? 2. If I do leave, can my employer take any legal action?

Last updated: August 25, 2025 1:12 pm

Apni Law

11 months ago

Law Forum › Category: Labour & Service › Hi, I’m working at an IT firm in India. My appointment letter says I need to give a month’s notice if I resign during my probation period. I submitted my resignation three weeks ago, but my employer hasn’t accepted it. They’re now asking me to serve two months, but my letter states one month and I’ve already extended it by a week. So I’m currently serving a month and a week’s notice.

My questions are:
1. Can I leave after serving this notice period?
2. If I do leave, can my employer take any legal action?

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Apni Law Staff asked 11 months ago

Hi, I’m working at an IT firm in India. My appointment letter says I need to give a month’s notice if I resign during my probation period. I submitted my resignation three weeks ago, but my employer hasn’t accepted it. They’re now asking me to serve two months, but my letter states one month and I’ve already extended it by a week. So I’m currently serving a month and a week’s notice.

My questions are:
1. Can I leave after serving this notice period?
2. If I do leave, can my employer take any legal action?

1 Answers

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24
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Best Answer

Apni Law Staff answered 11 months ago

Based on your appointment letter, you are obligated to serve a month’s notice during your probation period. As you have already served three weeks and are willing to serve an additional week, you can leave after completing this period. Your employer can’t legally force you to serve more than the stipulated notice period, but they may withhold your final salary or other dues.