Difference in notice period for employee and employer


In my terms and condition contract for bank of india it is written that"During the period of your probation including the period of extension, if any, if the competent authority is of the opinion that you are not fit for confirmation, your services are liable to be terminated at the sole discretion of the bank without any reason being assigned by one month's notice or payment of one month's emolements in lieu thereof. If you are desirous of leaving the services of the bank during the period of probation including the period of extension, if any, you shall give 3 months notice in writing to the bank." My query is this difference is lawfull? Can one challange this in court? If more than one month notice period is served in probation ane bank reject the resignation after 57 days after resignation and employee dnt want to go bank can pressurize to continue and join duty?
 
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chudasamameeraba8@gmail.com
 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Valid contracts. Oral or written, express or implied, agreement specifying terms and conditions under which a person consents to perform certain duties as directed and controlled by an employer in return for an agreed upon wage or salary. Whether stated or not in the contract, both the employee and the employer owe the duty of mutual confidence and trust, and to make only lawful and reasonable demands on each other. Every employee is under the obligation to carry assigned duties, or the employer's instructions to the best of his or her abilities. The employer is under the obligation to protect the employee from harm or injury, and make fair compensation for any loss or damage resulting from any job-related accident.

Also called contract of service, it generally details the conditions under which it can be lawfully terminated by either party, and the correct procedure to be followed in its termination. See also conditions of employment and implied contract of employment.

 


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Thanks for the reply sir. My query is in probation,if employer can terminate in one month notice or one month salary, but for employee's resignation three month notice period, than it is not equal, so it can be challanged in court If already signed by employee in terms and condition letter before joining?
 
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ha21@rediffmail.com Mumbai : 9820174108

1. Bank is right in issuing YOU "one months notice", for your "non-satisfactory performance", since Bank incures expenditure on probation employees.

2. Bank is right in demanding "three months notice" from YOU, since bank has to make arrangements for other probation employees.

3. Both parties CANNOT reject each others Notices, for removing or resigning the service.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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Thank you so much sir
 
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