PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Partner - Risk Management
PRABHAT RANJAN MOHANTY
Hr & Ir
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If the terms concerning probation, confirmation and notice on a/c of unilateral termination of the contract of employment mentioned in the attachment remain the same even now, your employer's contention is not correct.
Probation is a temporary phase in the career of an employee appointed against a permanent post/vacancy. Of course the employer has the power to assess the overall suitability of the newly appointed employee during the period set down as probation and can extend the same so as to enable the probationer to enhance his suitability to both the job and the organization. But, it cannot be unduly a long period with consecutive extensions. If so, it becomes an unfair labor practice on the part of such employer as enumerated under SL no 10 of Part I of the Fifth Schedule to the Industrial Disputes Act,1947, if the affected employee happens to be a ' workman' under the Act. Even otherwise, it is an unethical practice on the part of the employer taking advantage of an uneven term of the contract of employment which is against public policy u/s 23 of the Indian Contract Act,1872.
As it is a probationer remains a probationer only until he is formally declared to have completed the period of probation and confirmed so mentioned in the contract of employment irrespective of the extensions. Your employer's insistence on serving a higher notice period would certainly tantamount to approbation and reprobation.
Better bring it to the notice of your employer, convince him and make your exit formal and peaceful to the extent possible; if not serve a legal notice on him before actually quitting the job after serving the notice period fixed already for a probationer.
From India, Salem
saswatabanerjeeBased on the scan you have shared, it is clear that you will continue to be in probation until you are given in writing that you are confirmed. So if that is not done, you are in probation and required to serve only 15 days notice.
However, it is always better to have a clean exit. You should try to convince your employer based on the actual documents. Remember it is easy for them to suddenly produce a notice that says they informed you...
Legally, you are required to serve only 15 days in this case.
From India, Mumbai
PRABHAT RANJAN MOHANTYAs per the clause No.14 of attached assent you are still in probation. The management has not yet confirmed your services even after 2.5 years.
The notice period is still remained 15 days as per the Clause No:12 of the attached assent, since you have not been confirmed in services in writing by the company. Your employer can not do anything legally in absence of the confirmation letter. Therefore, you are not legally binding to serve 30 days notice.
You send your reply that "as per Clause No:12 notice period is 15 for a probationer & you are still a probationer as per Clause No:14 as not received confirmation letter", you can abide for 30 days provided if they can show you the acknowledged copy of the confirmation letter.
There is no such provision in law wherein employee will be automatically confirmed to job after completion of 240 days service, but can be referred in the court and discussed in different angle.
First of all you should give priority how best you can exit from present for joining in new.
From India, Mumbai