PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
Hr Advisory & Executive Coaching
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jyotish-shikhaliyaWant to know in probation period after registration if company change terms and conditions and force fully sign new terms after registration. Then what is notice period in that case. As in probation period .and also not accept buy back offer .
KK!HRUnfortunately, to state that the agreement was forceful and not of free will is very easy to make but proving it is not that easy. What is the force used?, Is there any evidence of unlawful coercion or threat? What was the threat for not signing? Was there any protest made afterwards? All these are pertinent facts to prove such a contention.
Employer has the prerogative to agree to the buy back option or not. You can only make a request to the management to agree to relieve you as desired by you. There is no vested right to compel the employer to agree to buy back.
From India, Mumbai
Madhu.T.KLegally no worker is liable to give any notice to leave an establishment though the employer is under an obligation to GIVE notice if he wishes to terminate an employee. Similarly, in respect of workers who are covered by the Labour Laws, there is no "probation" applicability. Probation is something which an employer makes to make the employment contract flexible at least for a certain period with respect to a new employee whose skill to do the work, or the so called 'performance' is not known. If you need a flexibility, the same degree of flexibility should be made available to the employee who may find the employer to be not promising. Therefore, if you have 7 days probation period, it should be the same for the employee also. You cannot have different notice period for employee and employer.
From India, Kannur