chitra2cool Started The Discussion:
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.
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.
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.
You have two questions.
"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.
"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.
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