Notice period during probation

The plain reading of your post suggests that your company has not described notice period applicable during probation period. It is felt that 3 month’s notice period during probation period is unreasonable. You may submit a gentle communication in writing with a copy to you, under proper acknowledgment and raise a query to clarify what is the notice of resignation period applicable during probation period, as it is not specifically described in your appointment letter, and seek a reply in writing. You may persist on written clarification and obtain it. 

As per Bombay SE Act there should be no notice period applicable if employee ha served for less than 3 months. You may however check with Inspector under SE Act or ALC in Pune and obtain latest version of the Act from Dept. Of Labor website of your state or market.

SE Act is applicable to IT companies.

IT and ITES companies were granted exemption from some provisions of Labor laws as approved for SEZ and ITES companies were declared public utility services.

THE MAHARASHTRA STATE SEZ ACT, 2002

 Mentions exemption from Chapter VB{Retrenchment} and Sec 9A of ID Act { Notice of change}.Hence you may seek relief from SE Act.

You have arranged for back up and satisfied the wishes of the company, and now bone of contention is notice period which is unreasonable since it is 3 months during probation period. You are separating after working for less than two months and this is usually not viewed kindly by companies hence you may not expect a glaring farewell.

You may convince your superiors to relieve you and waive off the notice period {even if they claim verbally it is 3 months}.This shall be the easiest and quickest solution. An employee should acquire exceptional levels of reasoning, persuasion, persistence, negotiation skills and apply these.

In majority of the cases HR yields to logic and reasoning. If required you may quote from SE Act. If company is adamant and maintains studied silence on your written representations and do not relieve you then it shall be appropriate to approach a competent and expert labor consultant/service lawyer.

You also have the option of approaching ALC.

Pune is a big city and you can access expert lawyers.

Bombay SE Act

 66.⁷[Notice of termination of service.- No employer shall dispense with the services of an employee who has been in his ⁷[continuous employment -

(a) for not less than a year, without giving such person at least thirty days' notice in writing, of wages in lieu of such notice:

(b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice:

Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct. ]⁷

²¹[Explanation.-For the purposes of this section, "misconduct" shall include-

(a) absence from service without notice in writing or without sufficient reasons for seven days or more;

(b) going on or abetting a strike in contravention of any law for the time being in force; and

(c) causing damage to the property of his employer. ]²¹

Maharashtra IT POlicy

9.     Industry friendly and Supporting environment:

       9.1     The     State   Government      will  endeavour      to  provide    industry

               friendly and supportive working environment for the IT and ITES

               units   in  the   State.   To    enable   IT   and   ITES    units  to  work

               efficiently   on   24x7x365   basis,   provisions   under   the   Shops   and

               Establishments   Act   have   been  relaxed   for   working   hours,   work

               shifts and employment of women.

       9.2.    All   relaxations   under   the   Industrial   Disputes   Act   and   Contract

               Labour Act approved for units in Special Economic Zones shall

               be made applicable to all IT and ITES units in the State.

9.5     ITES     shall  be  declared    as Public    Utility  Services    under   the

               Industrial Disputes Act and as Essential Services           (for more than

               six   months)     under    the  provisions    of   Maharashtra     Essential Services    Maintenance     Act   1999  by    necessary    amendments      in

               these laws.

SEZ Policy Maharashtra:

9)   All   industrial   units   and   other   establishments   in   the   SEZs   will   be   declared   as   'Public   Utility

     Service' under the provisions of the Industrial Disputes Act.

10) In pursuance of the Maharashtra Industrial Policy, 2001 and subject to Legislature approval and

     Government   of   India's   assent,   amendments   are   proposed   to   the   Industrial   Disputes   Act.   The

     proposed  amendments  include,  inter-alia,  limiting  the  applicability  of  Chapter-V-B  to  industries

     employing 300 or more workmen, etc. Similarly, the Contract Labour (Regulation and Abolition)

     Act  is  proposed  to  be  amended  to  exclude  certain  peripheral  service  activities.  In  case  it  is  not

     found feasible to amend these statutes as proposed, similar amendments will be proposed only for

     units and establishments within the SEZs. SSI and IT Registration

THE MAHARASHTRA STATE SEZ ACT, 2002

27.     Industrial Disputes Act, 1947

        (1)    Chapter V-B of the Industrial Disputes Act 1947, shall be applicable to all Tenants employing 300 workmen or more.

{

Chapter VB of the Industrial Disputes Act, 1947 (Sec.25K) denotes that the Provisions of this Chapter shall apply to an industrial establishment in which not less than 100 workmen were employed on an average per working day for the preceding 12 months. Sec. 25N of the I.D. Act falls under the said Chapter VB which denotes about condition precedent to retrenchment of workmen.}

        (2)    The compensation payable upon retrenchment/closure of any establishment/industry/undertaking

               shall be equivalent to the salary of a minimum of 45 days for every completed year of service.

(3)        Section 9A of the Industrial Disputes Act 1947 shall not apply to the Zone.

{ Section 9A in The Industrial Disputes Act, 1947

9A. Notice of change.- No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,--

(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or

1. Subs. by Act 36 of 1956, s. 5, for ss. 8 and 9 (w. e. f. 10- 3- 1957 ). 2. Ins. by s. 6, ibid. (w. e. f. 10- 3- 1957 ).

(b) within twenty- one days of giving such notice: Provided that no notice shall be required for effecting any such change}

I agree with Kumar Doab particularly on the point that you should seek clarification from the emploiyer in writing.

However, I would like to bring to the notice of you the the Bombay SE act also specifies that any establishment which employs more than 50 employees, the Industrial Employment Standing Orders Act (Model Standing Orders) would be applicable. The Model Standing Orders provide for only 3 months of probation and 1 month of notice period. Therefore talk to your employer and seek clarifications.

Ms. Poonam has given valuable advice, kindly follow it.

It is felt that State of Maharashtra like many other states had granted blanket exemption to IT/ITES industry from the provisions of Industrial Employment Standing Orders Act.

It companies have been enjoying this exemption {with extensions} for almost 11 years.

Due to protests of employees and association/unions etc state of Karnataka has ended this exemption w.e.f. April, 2012 and has granted 6 months time to industry to frame its standing orders. Kindly, look into the attachment.

State of Maharashtra might have ended this exemption. If yes the new item/notification may kindly be provided. It shall help many of the fellow countrymen.

It is felt that in many of the other states IT companies are still not under any obligation to have certified standing orders e.g. Gujarat, Tamilnadu, Haryana, etc….

IT/ITES companies fall under the preview of SE Act. As per provision of the Act notice period is not applicable to the querist. Apply exceptional levels of reasoning, persuasion, persistence, negotiation skills and succeed in getting the relief from good offices.

State of Maharashtra has very high number of employees and strong, active, effective trade unions. Employees form a very big % of the vote bank. It is time for employees in Maharashtra also to rise and get the exemption ended as in case of Karnataka.

And why Maharashtra alone, it should be made to happen in all states.

Valuable advice of learned experts/members is sought.

t.

You may write to good offices of appointing authority, MD to supply the appointment letter and Service Cinditions/rules and regulations stated in appointment letter.

Notice of resignation can be withdrawn before expiry of notice period and acceptance of resignation.

The employer can not accpet the resignation before expiry of notice period tnedered by employee..............(With reference to service conditions)

For ohter points check with current and next employer.

If you have copy of service rules and regulations check these..............................The employee's unions leaders can also help.