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b (c)     23 April 2023

Differeent notice period for employer and employee in probation period is it valid

In appointment Letter , Co can terminate employee at any time during probation. But employee neeed to serve two month notice period during probation if employee want to resign. 

Is such uneven notice period is valid in employment contract. what is a way out to the employee if employer forcing the employee by thretening the notice period cluase. and other things.

Further Employee retain 15% of salary as a security deposit during intial 6 month , is such terms of employment valid in mahsrashtra.



Quick Summary
This discussion explores the validity of differing notice periods for employers and employees during probation. While employers may terminate at any time, employees often face a longer notice period for resignation. The legality of retaining a percentage of salary as a security deposit is also questioned, particularly in Maharashtra. Advice is offered on seeking recourse through labour officers or civil remedies if such clauses are deemed unfair or invalid.

 2 Replies

P. Venu (Advocate)     24 April 2023

The terms are not valid. If a workman, the remedy is in approaching the Labour Officer. Else, a civil remedy needs to be pursued, unless the appointment letter provides for arbitration.

Dr J C Vashista (Advocate)     24 April 2023

Be careful for such covenent before signing appointment letter.


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