The probationary period of the employee is 11 months. For confirmed employees, notice period is 30 days. Query as to whether the requirement of 30-day notice or wages in lieu under the Shops and Establishments Act applies for employees on probation as well?
Dear Friend,
It is the necessary to first look at the terms and conditions which the company has written on the appointment letter, if your appointment letter is written, You will have to serve 30 days or in lieu wages to pay.
“There can be no manner of doubt that the employer is entitled to engage the services of a person on probation. During the period of probation, the suitability of the recruit/appointee has to be seen. If his services are not satisfactory which means that he is not suitable for the job, then the employer has a right to terminate the services.
There is no definite definition mentioned in Shops and establishment act.
thank you sir. The notice period for probationers is 7 days. But the Shops and Establishments Act states employees are entitled to one month's notice. should we follow the shops and establishment act requirement for probationers as well.
Dear Friend,
The probation period in each company is different, so you should follow the conditions written in your appointment letter.
Sorry sir but my exact query is whether the termination period mentioned in the shops and establishments acts applies to employees on probation as well?
Dear Friend,
There is no particular word mentioned like probation period, If company wants to terminate someone either they provide notice days as mentioned in appointment letter or wages to pay in lieu.
Dear friend,
I think that your question pertains to an employee employed in a shop or commercial establishment covered by the Karnataka Shops and Commercial Establishments Act,1961. In that case, you have to follow the procedure of dismissal/removal from service stipulated u/s 39 of the Act. Sec.39(1) mandates the issuance of one month's previous notice or payment of salary in lieu thereof as precondition for dismissal or removal of an employee who has served in the establishment for not less than six months. Non-satisfactory performance of an employee during his probation period is a reasonable cause for the employer to do away with his services. No provisions of Standing Orders or Service Regulations or terms of any appointment orders can run counter to the corresponding provisions of a Law applicable to the establishment. Therefore, you have to comply with sec.39(1) of the KSCE Act,1961 only.
Dear Friend
Shri Umakanthan.M is very correct, if you are terminating any employee based on his poor performance or as disciplinary action, you are required to proof it (through notice , enquiry etc) before terminating. If he is on probation, temporary or on contract you can set off his services with notice but you will have to draft letter very carefully.
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