Notice During Probation - Appointment Letter
CiteLegal
 
HOME RISE NEW ABOUT LOGIN
Home > Human Resource Section > Human Resource Management

Notice During Probation - Appointment Letter

chitra2cool Started The Discussion:

Hi! All

I require your help urgently. I would like to know whether during probation is there any rule that the company can remove the employee without notice but the employee needs to give one months notice before leaving.

And incase this term is given in the appointment letter wht is that an employee can do and can the employee pay one month's salary instead of notice period even though it is not written in the appointment letter.

Pls help me regarding this.

Thanks Chitra

L.Kumar - Member Since: Nov 2007
Dear Chitra
If it is written in appt.letter that one month notice on either side, then one month salary to be paid by employer, if they remove the employee and vis-versa from employee side also.
If it is not written in appt.letter, then if employee resigns, though he need not give one month notice, courtesy sake, he can work for the period, till he completes the pending assignments and hand over the same to the company he can be served.
Regards
L.Kumar

Amitmhrm - Member Since: Feb 2007
Hi Chitra,

Very well explained by others.. go through with the conditions defined in the appointment letter..
In general most of the organisation put a notice period of 7 days during probation but well defined in the Appointment letter..

Regards,

Amit Seth.

U.K.Singh - Member Since: Jan 2008
In terms and conditions of appointment letter generally it is mentioned that during the probation period your services can be terminated without assigning any reason. As per this clause you can terminate. But in the court of law this clause would not hold good. While terminating you must have some valid reason for termination. In case his performance is not satisfactory you can extend his probation period but cannot terminate provided he is covered under ID act. In case you have licence for hire and fire policy (not became act so far) then you can terminate without assigning any reason. Since employer is terminating him he has to give notice of one month if mentioned in his offer of appointment to the employee, else employer has to pay one month pay in lieu of notice.

tsivasankaran - Member Since: Dec 2007
Dear Chitra

You have two questions.

Question 1

"I would like to know whether during probation is there any rule that the company can remove the employee without notice but the employee needs to give one months notice before leaving. "

This is one sided contract hence void.If there is notice, it has to be same for both.If it says Company need not give notice and the employee has to give notice, it is void and there is no need for the employee to give notice legally.

Question 2

"And incase this term is given in the appointment letter what is that an employee can do and can the employee pay one month's salary instead of notice period even though it is not written in the appointment letter. "

As I said earlier if notice is to be given by the employee and not by the employer, it is void and you do not need to give notice.
If the appointment letter says only notice period by both parties, then it is mandatory to give only notice pay and it can not be compensated by giving one months pay.To my knowledge all appointment letters carry the notice pay clause.



Siva

Found This Useful? +Vote Up This Page Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.






Explore Topical Knowledge Areas

Interesting Relevant Discussions


DISCUSSSION STATISTICS


1913
VIEWS

4
REPLIES

PLEASE KEEP YOUR CONDUCT PROFESSIONAL AND POLITE


3M Users, 100K+ Documents & 450K+ Discussions

Share »

Community Support & Professional Insights. Login or Register.
Email/Username     Password  

About Us - Advertise - Contact Us - RSS   On Google+  
All trademarks and copyrights held by respective owners. Member comments are owned by the poster.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network