Ours organization comes under shops and establishment and we follow the rules and regulations
Recently we got a project were we had being appointed nearly 100 employees on different position by paper advertisement and we had fixed salary accordingly. As the project is only for three months and if the work is not completed then it will be extended accordingly. And also the appointed employees are being confirmed about the position as temporary and they will be on contract or probation. And basing on their performance we take few employees on permanent roles
1. can we take them on probation period as mentioned in below appointment letter
2. can we use probation cum contract employee and what is their legal liability
3. what will be the legal liability if we mention probation only
the below is the appointment letter and as this is urgent i had prepared and please let me know the process is correct and if any changes needed please let me know
Subject: Appointment for the position of “Executive - Data Classification”.
This is with reference to your application and the subsequent interviews you have had with us. We are pleased to appoint you into the services of our organization as “Executive - Data Classification”effective from_______
The summary of your employment offer as follows:
Your appointmentis being made for a probation period of 3 Monthson contractual basis.On successful completion of the probationary period, you may be confirmed. However, unless confirmed in writing you will be deemed to be continuing on probation. Your employment will be continued and regularized to permanent based on your performance.
You will be posted at our client place________. While you are employed with us, you may be posted anywhere in India/Overseas considering our business requirements.
You will be paid INR_____ /- (Rupees __________Only)per month as monthly remuneration. This remuneration is inclusive of Conveyance Allowance INR ____, Food Allowance INR ______and all statutory deductions.
Your appointment is being made on the basis of your particulars such as previous experience, qualification etc. as given by you in your application for employment and in case any information as given by you is found false or incorrect, your appointment will be deemed void and liable for termination without any notice or remuneration in lieu thereof.
Working Hours and Shifts:
The company may conduct its operations in required number of rotational shifts depending upon its operational needs. You may be required to attend your duties in the allotted shift from time to time in weekly staggered off system. However this may undergo change to meet the organizational and operational requirements from time to time within the framework of law.
You may resign from services by giving two weeks written notice to the company or payment of salary in lieu thereof. If the exigencies of work so required, the company may not relieve you earlier than the expiry of the entire period of notice. It shall, however, be open to the company to accept your resignation with effect from any date earlier than the one offered by you in your resignation letter at its sole discretion.
During probation period your services can be terminated by the Company without any notice or compensation in lieu of notice in the event your performance is not satisfactory.
The company has the right to terminate your service without notice or payment of salary in lieu thereof if you commit any breach of your duties and responsibilities under this contract of service or are found guilty of any gross negligence or misconduct which contravenes the express or implied conditions of your service.
If the above terms and conditions are acceptable to you, please sign on duplicate copy as a token of your acceptance and return the same for our record.
Declaration by the employee
1) Accept the Appointment Offer by agreeing to the summary mentioned in this appointment letter and
2) Declare that all the information submitted by me to secure this employment is true and if the company finds at any time that I secured this employment by furnishing false information, I am liable to be terminated without any notice.
This acceptance and declaration is given by me at free and I will subject myself to all terms and conditions listed in this letter of appointment.