Notice period

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)

The person who is on probation period, need not to servce 1 month notice period, it is applicable only for confirmed employees.

no employee on probation need not to serve 1 month notice,even i dont think that there is any model or draft standing order w.r.t ,as per my understanding max u can ask for 7 days notice and it is per shops &establishment act.
Regards
atul

Dear All,

Thanks for reply but now what i can do.

Regards
Ranjeet

Dear,

You are absolutely right that 1 month notice period is only when the employee is in confirmed job. It is not applicable in terms of the Probation period.

Dear thanks for the same

Regards

Ranjeet

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

Dear Madhu,

Thanks for the reply but now i am little bit confuse plz throw some light on it.

We can divide employees in these categories as Categorisation in industrial employement act.

Take a example , Like Mr.X has been appointed as Trainee and after completion he has been absorbed on roles in which he /she is on probation for six months.

Now according to the law an employer can terminate his services without giving a notice but not in a case of misconduct.

My question is that in this situation a probationer is legally bind to serve on month notice if he want to leave the organisation.

The each and every word written by yu in the post worth for million dollars and i totally agree with u.

But plz sort this also, Plz also intimate that how many days a person can be taken on probation.(I think it is max. for 3 months, may be i am wrong)

Plz Reply.

With warm Regards
Ranjeet

Dear Madhu,

I again go through the Industrial employement act 2 times. But there is no such clause where a probationer have to gave a month notice but employer can throw him out.

Regards
Ranjeet

The Industrial Employment Standing Order Act is an Act which directs all employers (who employ 100 or more workers) to have a certified standing orders of their own. The Act provides only for a model of standing orders and not the exact provisions to be incorporated. As such rules relating to notice period required to be followed by different categories of employees such as probationer, regular etc should be provided by the respective employer in the respective standing orders only. Please note what I have earlier posted "If the standing order or the appointment order is silent about clause of probation........" That means you should have given a separate category of employees as "Probationer" in your standing Orders and you should have mentioned in it "the notice period" and in the absence of such provision in the standing orders, he will be deemed a regular employee and the provisions of Industrial Disputes Act relating to serving of notice before termination, closure, transfer of undertaking etc will apply. Since in such circumstance a probationer is also to be given notice of retrenchment etc, he is morally bound to serve notice to the employer before he leaves. The duration of notice is purely an internal matter and if we refer the ID Act, from the part of employer is is one month in such companies which employ less than 100 and three months in companied employing more than 100 employees.

An employee under training shall be made probationer and thereafter a regular employee but according to the standing orders. It shall be regarded as an employee undergoing severla stages of promotion by the Law.

There is no specific law to establish that a person shall be put on probation for such a number of months under probation. This depends upon how difficult is the job. Generally 6 months is ideal.

Regards,

Madhu.T.K