Notice period

Originally Posted by jeeni

Dear All,

Whether an employee who has been in the probation period is legally bind to serve a one month notice to the employer?

As per my Knowledge there is legal binding only for confirmed employee as per standing order in Industrial Employment Act, 1946.

My company is taking one month notice with every -one and they know that it is wrong according to the principle of Natural and social justice but the Management is ready to fight in the labour court.

Plz suggest.

Regards
Ranjeet
(Jeeni)

Originally Posted by Madhu.T.K

The classification of employees as 'temporary', 'probationer', 'trainee' is an internal matter. Therefore, such classification should be there in the certified standing orders of the company. Otherwise one who works in a particular job which is of permanent nature should be regarded as permanent worker. Only those engaing works of irregular nature, such as white washing the building, servicing of a machinery which the employee on roll cannot do etc are temporary nature. If the standing order or the appointment order is silent about clause of probation, one who works for 240 days in the preceding year is expected to be served notice of termination or notice pay. Similarly, when he leaves also, he is expected to serve notice or pay notice pay.

Probation may be interpreted as a period during which the employee needs to be supervised and it doesnot mean that he is not a permanent employee. Since he is doing a regular work of the company and his leaving the organisation will lead to a temporary stopage of work, he can be asked to give notice. But at the same time, being a probationer he cannot be thrown out without notice. If his service is found unsatisfactory, he shall be served notice in advance sating that his service would be terminated on a specific date.

Regards,

Madhu.T.K