vidhya (fds) 24 April 2012

Notice during probation - very very urgent

My clause of employment reads as follows

under PROBATION PERIOD

THE EMPLOYEE WILL BE ON PROBATION FOR A PERIOD OF 6 MONTHS FROM THE DATE OF JOINING AFTER WHICH SHE WILL BE CONSIDERED FOR A PERMANENT APOINTMENT OR OTHERWISE INFORMED. DURING THE PERIOD OF PROBATION, THE COMPANY MAY TERMINATE HER SERVICES WITHOUT ANY EXPLANATION OR NOTICE

Under TERMINATION

THE EMPLOYEE OR THE COMPANY MAY UNILATERALLY TERMINATE THE CONTRACT OF EMPLOYEMENT RECORDED IN THIS AGREEMENT BY GIVING TO THE OTHER OF THEM, 2 MONTHS NOTICE IN WRITING OF SUCH TERMINATION . PRIOR TO THESE PRESENTS COMING TO END DUE TO SUCH TERMINATION, ALL THE ACCOUNTS BETWEEN THE PARTIES WILL BE SETTLED AND PAYMENTS MADE

NOW MY QUESTION IS I HAVE NOT COMPLETED THE PROBATION PERIOD YET (ONLY 3 MONTHS). DO I NEED TO SERVE THE NOTICE PERIOD. TIMELY RESPONE WOULD BE HELPFUL. THANKS IN ADV

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1 Replies

Kumar Doab (FIN) 24 April 2012

You may first seek this clarification in writing under acknowledgment from your appointing authority and request for reply in writing.

You may obtain copy of:

--Certified standing orders of your comapny which are to be displayed at the entrance, and may be available at HR page of employee portal. If these are not avaialbel there and have not been circulated to employees, you are within your rights to ask your appointing authority ( in writing under acknowledgment) to supply a certified copy. You may avoid making verbal representations and accepting verbal replies or wrting letter to some HR executive.

You may submit a reminder say after 5 days and ask for reply in writing.If certified standing orders are not applicable to your company, model standing standing orders shall apply as applicable to your state. You can access labor website and download or buy from market.

--SE act as applicable to your state.You can access labor website and download or buy from market.

It is felt that 2 months notice period during probation period is unreasonable.

3 months is too short a period to work for a company. It shall affect your resume. Employers do not take it kindly if employee decided to quit after such a short period. Employee should carefully assess credentials of the emplyer/company before joining.