01-07-2008, 05:12 PM
| | | | Join Date: May 2008
Posts: 6
| |
If the appointment letter of the employe whether permanant or on probation specifies his probation or notice period and if it has been accepted by the employee by signing on duplicate copy, than it is binding on the employee to provide such notice or salary in lieu of notice period. |
01-07-2008, 10:59 PM
| | | | Join Date: Feb 2008 Location: Delhi
Posts: 2
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Dear All,
Although I am a fresher ,joined my company only 3 months back, I think it entirly depends on the appointment letter which a person signs.As in my case it was written that probatn period will be of 1 year and I can leave company only on 3 months prior notice and vice versa.I have accepted and signed this contract so I am supposed to follow it. |
02-07-2008, 09:38 AM
| | | | Join Date: Feb 2008 Location: surat
Posts: 1
| |  Notice Period
One company has issued incentive letters for Aprriasal and they have written in all letters that they shall be binded with 90 days notice period with immediate effect. All employees had one month notice as per our appointment letters before this letters were served.
Does this have any legal consequences on account of any employee wishes to serve 1 month and leave organization?
Can the Management stop the employees statutory payments like PF, Gratuity & Superannuation or disagree giving experience certificates to employees for the tenure they have worked. |
02-07-2008, 10:29 AM
| | | | Join Date: May 2008
Posts: 6
| |
Please see this
My organisation wants me to serve two months notice period. and If I don't abide by this, they want me to pay them the two months salary in advance. Otherwise no final settlement will be done and no experience will be provided.
Please Help !! |
02-07-2008, 10:48 AM
| | | | Join Date: Jan 2008 Location: delhi
Posts: 92
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Dear Jitendra,
The company have to take certified standing order for the same, But in standing orders ofIndustrial Employement act, there is no such provision to take 2 months motice.
Yes, the employee have to gave one month notice to the employer.
Not a single rupee of an employee can be kept by a company.
You can search labour commissioner sites and send a writeen request to them, But Remember you have to fight a lot.
Regards
Ranjeet |
02-07-2008, 05:39 PM
| | | | Join Date: Jun 2007 Location: COIMBATORE
Posts: 14
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Probationer can leave the organisation at any time with prior intimation to the Company. There is no need for one month notice or other formalities. In case of permanent employees we have clearly mentioned in their appointment letter about the terms and conditions. If they want to leave the organaisation they have to give two months notice or one month notice whatever it is. But it is not applicable to probationers.
MANOKAVIN |
02-07-2008, 06:11 PM
| | | | Join Date: Jun 2008 Location: Mumbai
Posts: 1
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Dear Ranjeet and Mr.Madhu,
I too am confused at the end reading all your replies...
Can You Mr. Madhu provide me a clear answer that whether a person on probation period who wish to discontinue the service should serve the notice period or not?? |
02-07-2008, 06:12 PM
| | | | Join Date: Jun 2008
Posts: 56
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Dear All,
In my opinion the Notice Period is purely governed by the clause of Letter of Appointment.
The probation period is wel defined in the standing order act which is 3 months. Ideally six month is right duration but technically it should be 3 months.
Regards,
ACCHR |
03-07-2008, 11:14 AM
| | Board Moderator | | Join Date: Sep 2007 Location: Kannur
Posts: 548
| |
Dear Vaidehi,
As stated in my earlier posting, probation and notice period are to be read along with certified Standing Orders of the company or in the absence of standing oredrs, the terms of appointment order. You cannot say that only confirmed employees should give notice, even probationers are equally bound to give notice in the absence of any clause to the contrary. If the service terms stipulate that " you are under probation for ----- (number of days) and during which your service is likely to be terminated without notice" it shall be interpreted as such probationer need not serve any notice to discontinue the employment. On the otherhand, if the clause relating to notice is silent, then the probation shall be understood as an arragement and regularity of employment is implied in it and in such cases, from both the sides, notice is required.
Regards,
Madhu.T.K |
03-07-2008, 04:13 PM
| | | | Join Date: Jan 2008 Location: delhi
Posts: 92
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Dear Madhu,
Hope u are fine.
Plz throw some light on my confusion. In which act it is written that a probationer have to gave the notice period.
Second, If in appointment letter it is written that they can be throw out without notice but if a employee want to leave they have to serve a notice.
wheteher it is wrute or wrong according to principle of Natural HJustice and Social Justice.
What an employee should do in this.
Also Plz reply my querry in Motivation As Plz Suggest Me bcoz this is related to my
life.
Regards
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