My question is with reference to the same point in discussion at https://www.citehr.com/33273-urgent-...probation.html

To reiterate my question, do employees need to serve a notice period during the probation period?

Below is the snippet of section#5 and 6 of my employment contract. With reference below, please let me know if the employee need to serve a notice period during the probation period.

5. Notice Period

This employment contract is subject to termination by serving 45 days notice on either side. However, The Company reserves the right to pay you one month’s basic salary in lieu of notice. If you fail to report to work for a period of 10 consecutive days without notice or prior approval, you will be deemed to have voluntarily terminated your employment contract without notice, and the company shall have the right to recover the payment in lieu of the unserved notice period.

6. Probation and Confirmation

You will be on probation for a period of the first (05) five months from the date of your joining, which may be extended at the discretion of the Company. During this period, the Company reserves the right to terminate your services with 15 days notice, or salary in lieu thereof without assigning any reason. On successful completion of your period of probation, you will be confirmed as a regular employee of the organization in writing.

From India, Visakhapatnam
Dear friend,

Notice before unilateral termination of the contract of employment by the employer or the employee is a condition created in express terms in the contract of employment excepting the case of retrenchment defined u/s 2[oo] of the Industrial Disputes Act,1947 which is applicable only to those employees falling within the definition of workman.

Therefore, broadly speaking, notice condition has to be interpreted and applied in the situation of unilateral termination of the contract of employment by either party strictly according to the relevant condition expressly stated in the employment contract only. If no such a condition, no notice; if the duration of notice or the quantum of salary in lieu thereof is specified, it equally applies to both the employer and employee at whose instance the termination is caused.

Coming to your query, based on the equitable application of condition no.6 of your contract, if you quit your job during your probation period, you will have to serve 15 days notice or pay 15 day's basic salary.

To me, condition no.5 seems disputable as it favours the employer only to pay one month's basic salary in lieu of 45 day's notice.

From India, Salem

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