Kumar 20 July 2015

Notice period conflict

Dear all, I have been working with a college for past two years. My offer letter says

1. You will be initially on probation for a period of 1 yr. The period may vary depending upon your conduct and performance.

2. During probation one mth notice/ salary in lieu thereof will be applicable on either side, in case of termnation or resignation.

3. On successful completion of probation you will be placed in regular cadre of the college.

4. After placement in regular service cadre, 2 mth's notice/salary in lieu thereof will be applicable either side, in case of resignation / termination.

I completed 1 yr without any issue and my performance had also been good, but I was neither given an extension letter of probation nor a confirmation to regular cadre.

Now the college wants to terminate my services because they donot have enough no. of students taking admission this year and therefore, the workload is not enough to keep another staff (me). The notice they want to give me is one month and I am asking for two months.

Now, my question is:

1. What would be the legal notice period?

2. Will I considered still on probation or a regular/confirmed staff. Please keep in mind that I have completed 2 years without any issue.

Thanks and regards.

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1 Replies

Kumar Doab (FIN) 20 July 2015

You have not clarified in the query what position you hold as college staff; teaching/non teaching?

You must state your designation and nature of duties?

What exactly is provided to you: Offer Letter or appointment letter with detailed T&C of appointment?

Is there any clause on Lay off/Retrenchment compensation?

If the points posted from offer letter are verbatim as in offer letter then there is no mention that after 1 year until confirmed in writing you shall remain on probation and/or what is the max. Probation period?

Is it mentioned in offer/appointment letter that service conditions shall be governed by say HR policy/service rules and regulations? Were these policies/rules supplied before/after/alongwith offer/appointment letter?

Were these kept in your knowledge domain? Or some shared portal that you could access?

You may preferably show all docs on record to an able Labor Law Consultant/Service matters Lawyer/Law Firm and give inputs to understand the merits and remedies.