Notice period

Dear Jeeni,

A resource in the probation period would work in a company for a specific period and in that period if they want to move out they can by submitting a resignation letter at least prior to one week. It is not mandatory by the law by it is the basic courtesy. A good resource would not leave the company in lurch.

At the same time, the employer has got every right to terminate the employment of a probationary employee at any time by giving an explanation and may be with out any notice. A probationary employee would not be entrusted with much of company's confidential matters and they will not have any serious roles in the company. So in that juncture their disappearance on a fine morning will not create any problems as such.

And by that standing instruction in the labour laws all the employees whether it is a contract employee or a regular employee, have to serve a notice period to the employer before moving out. And in this case you should go through the probationary agreement you have for employees. Or please consult a Labour Lawyer.

Thanks
Afsal

Dear Ranjit,


There is no hard and past rule for an employee to serve 1 month's notice period. But it purely depends on the appointment letter that a person has signed agreeing the terms and conditions viz.. the clause that an employee has to serve a month's notice period under probation . If he has agreed that and signed he has to serve a month or he can pay a month's salary in compensation subject to the clasue in the appointment letter to either serve a month's period or to give salary of a month in lieu.

Its always better to go with the employer in a smoother way rather than in a negative one. He /She can convince the employer to give him the releiving letter for the duration of the period worked in the concerned organisation.


Regards

RAM
99 66 55 34 72.

i am working as a hr from past two years surely i can say those people who are not having job confirmation no need to give one month notice, some times it depends on company police.

Dear friends
One of our employees who is working as a project manager, has resigned by giving 11 days notice period and ready to pay the shortage of notice period, where as per his appointment letter he has to serve 1 month notice. On 11 day (last day of notice period) our top management involved this matter and asked him to continue. At the same time the concerned employee is not ready to continue in our organization whereas our management also not ready to relieve him. Being a HR Please advice what steps I can take in this matter

Regards

Bijaya

Dear,

Your need to classify each employee into different category and review his / her position for evaluation on probation viz a viz notice period . If one is employed as worker or clerical position , you may have to refer Model Standing Order with respect to Notice period provided you have not issued any aapoointment letter . When probation period specify different notice period , you have to go by what is mentioned in the appointment letter ahd shall stand text of law .

On the other hand if an empoyer wishes to keep notice period more than what is prescribed under any statue , the employer is free to do so which shall become binding on the employee being terms of contractual obligation on the part of both the parties .

Therefore , please treat both probation and confirmation independant and go by terms of appointment which stand test of any law of interpetation.

Hope , I am able to throw some light on this point.

Thanks

It all depends on the contract of employement which both have agreed. If te contract states that notice period to be given in probation time period than it is necessary to give. If it is not mentioned in the contract the it may not be necessary to give notice period.

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Dear All,

Thanks for the reply, Please also go through the reply of Mr. Madhu also.

His reply is very helpful to all of us.

Thanks once again. But if in appointment letter this clauuse is mentioned which is not written anywhere in standing order of industrial employement act, 1946 than we have to serve the notice. whether it is right or wrong. What abt the principleo of social justice and natural justice.

We are the HR people. we have to see these things. We have to remain neutral.

Plz suggest

Regards
Ranjeet

It is crystal clear that during the probation period, an employee’s services may be terminated by the Company without giving any notice or reasons and similarly an employee have an option to leave the Company’s service without giving any reason or notice to the company. Actually, the idea for probation period is not only to give the option to the employer to terminate the services of the employee if he doesn’t perform well but also give the liberty to the employee to decide about his destination as if s/he doesn’t like the organization s/he may also leave within the period.

But here we have noticed in different organization that after completion of notice period i.e. 3 months some employers do not give the confirmation letter and when company wants to terminated the services of the employee they say ‘you were on probation’ therefore, you are not entitled to one month notice or salary and when the employee wants to leave the organization the employer says ‘you have completed the probation period and now you need to service one month notice or the one month salary will be deducted from your final settlement’.

What do you think is this right or wrong?

During Probation it is usually termination or resignation without notice period. However , once the employee is confirmed the termination period is based on the Company grade system 1-3-6 months depending upon seniority.
But the company can give you pay in lieu of notice and the employee can cash inleave in lieu of notice.

PVQ

Dear jeeni,

In my opinion during the probation period only one day (24 Hrs) notice is required.


Regards,

Atul J Pathak