Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SVR_Tech (TL)     30 November 2013

Notice period in probation

Would like to know,

Based on the below mentioned Terms of the Offer Document. :

  Whether the company have the right to give the Confirmation of the Employment during the Probation Period ?

 And if Resigned during the Probation period what will be the Notice period based on the below mentioned Terms.

 

  Probation period – You shall be on probation for a period of 6 (six ) months from the date of joining the company and will be automatically confirmed in the regular services on completion of  probation period. The probation period may however be extended for further period on sole discretion of Company.

    Whole Time Employment - During probation and on confirmation, you shall be a full time employee of the company and will devote your professional abilities entirely and exclusively towards the conduct of your duties under your employment with the company

1.      Termination – we hope your association with us will be a very long one and mutually beneficial, however in the event of a need of separation then;

a.      During the period of probation, your services are terminable by giving one month’s written notice or one month’s basic pay in lieu thereof on either side at the sole discretion of the company’s management. On confirmation of your services in the company, your services can be terminable by giving two month’s written notice or two month’s basic pay in lieu thereof on either side at the sole discretion of the company’s management.

b.      Company reserves the right to terminate your employment summarily without notice or payment in lieu of notice if it has the reasonable grounds to believe that you are guilty of misconduct or negligence as per Company policy, practices or guidelines, or committed any breach of this agreement.

 

c.       In case you separate from the organization with in one year from the date of joining, all expenses incurred by the company on your joining and relocation would have to be reimbursed by you to the company. This would include travel, hotel accommodation and other such expenses if any.



Learning

 6 Replies

Kumar Doab (FIN)     30 November 2013

 

-----‘ Whether the company have the right to give the Confirmation of the Employment during the Probation Period ?”

 

 

 

Yes. It is properly stated in extracts of the appointment letter reproduced by you.

 

-----‘ And if Resigned during the Probation period what will be the Notice period based on the below mentioned Terms.’

 

1 month.

 

 

 It is obvious from the extracts of the appointment letter reproduced by you.

 

What is the precise and specific question you have in mind............

 

 

SVR_Tech (TL)     01 December 2013

Thanks Kumar ,

 My Precise question is :

  The Company has given  the Confirmation within 3 months of joining ( by sending a mail ). and if I resign in 4th month.  What will be the Notice period to serve ?

 

Rgds,

SVR

Sudhir Kumar, Advocate (Advocate)     01 December 2013

after confirmation there is no probation.

Kumar Doab (FIN)     01 December 2013

Two month’s: As per  extracts of the appointment letter posted  by you.

Notice period is part of service conditions and service conditions are stated in standing orders too.

 

Companies are known to stated in appointment letter that T&C shall be governed by.................say HR policy in force from time to time that shall be applicable to employee, service rules etc...............

 

 

Your labor consultant/service lawyer may like to examine the full appointment letter, verbatim and also along with appointment letter, the standing orders (Certified/Model) applicable to the establishment and extended to your designation, service rules, HR policy, and any other policy applicable to the employee, and job advertisement, job application, interview call letter, selection letter, offer letter etc...........................

 

 

The notice period stated in standing orders (certified/model) applicable to the establishment and extended to the designation of the employee, shall prevail upon the notice period stated in private agreement signed by employer with employee e.g contract of employment/appointment letter.

 

If notice period in standing orders applicable to the employee is 1 month it can not be 2 months in appointment letter.

 

Notice period is also stated in shops and commercial establishment act of the state.
If your establishment is commercial you may look into the clause on ‘Notice of dismissal’ applicable in state of your location.

 

 

The designation alone does not decided employee shall be covered as ‘Workman’ as in ID Act and as ‘Employee’ as in shops and commercial establishment act of the state.

Your lawyer may ask you a set of structured questions and may opine you shall be covered or not.

 

 

If you are not covered then the notice period shall be governed by the T&C as in appointment letter.

 

It shall be worth to obtain opinion from labor consultant/service lawyer in person. The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.

 

 

The employee joins at the location assigned to him by employer by order of appointment, transfer, deputation.................and employer should bear the expenses for relocation.......................

 

Your lawyer may opine that the T&C on refund of relocation expenses are arbitrary and unenforceable..................

 

You may download all HR policies of your company and show these and discuss in person with your lawyer.   

 

 

Anand Mahajan (NA)     04 December 2013

If there is an cluase stating that person can resign during the probation by giving one month notice. On such notice employee has to compensate company one month salary or equal amount. In such cases if employee wants to resign then is there any mandatory to pay certain amount to the employer. It is good from one side to retain the employee but if he don't want to continue the service then is there any proble for him ?

Kumar Doab (FIN)     05 December 2013


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading