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Pragati Jain (Intern)     09 April 2015

Payment for probation period

Does a Company need to pay a candidate for the probation period if his employment is not confirmed after the said probation period due to non satisfactory performance? The Offer Letter does not provide any clause regarding payment or non payment for such period. Can the Candidate move the Company to labour Court for the same.


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 5 Replies

arulprasath (HR & Legal)     09 April 2015

Any category of employee like, probation, temorary, casual, badly, trainee is eligible for payment of wages. but your querry is not clear that you want discuss about notice period of probation period or termination during the probation. 

 

In any such case payment wages is liablity of the employer and no one has rights to deny the wage.

Kumar Doab (FIN)     09 April 2015

The answer is a definite 'Yes'.

The employee can file Labor/civil/criminal complaint against employer and has full right to expose such employer amongst the community of employees, fellow citizens, and approach the Institutions of Print and Electronic Media, Police,NGO's,Employee's /trade Unions  etc.......

Anil Pandav (Senior Analyst)     10 April 2015

Hi,

I have joined an IT Company on 1st Apr 2015 and right now training is going on for 3 weeks. I have a notice period of 1 month. My question is If i get a good offer from another company after 15 days of joining the current company then can I leave the company by paying a 1 month salary? Also wanted to inform you that in offer letter it is mentioned that "Service may be terminated by either side  after giving 1 month notice or salary in lieu thereof".

 

Please reply.  

Kumar Doab (FIN)     12 April 2015

The notice period of 30 days during training/probation/for service of 15 days may not neccessarily be applicable and notice period may be NIL.

 

The notice period is part of service conditions and is decided by various enactments applicable to employer/establishment/employee........................and such enactments shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g. appointment letter/HR policy etc...

 

Employee should become member of Employee's/Trade Unions and consult an able Labor Law Consultant/Service Matters lawyer...

H.JanakiManohar Rao (lawyer)     04 June 2015

Probation period is in noway hindrance for payment of ur salary.Probation period is testing period for an employee by employer whether u r fit for their company or not.If they feel u r not to their expectation they may terminate u.


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