pourna-s
Dear ALL, As per labour law and Industry standards for IT Software Product development companies.

1. What would be the ideal duration for the Probation period?
2. What would be the notice period during the Probation Period?
3. If an employee resigns within the probation period can we issue relieving letter?

Kindly comment. Thanks & Regards

From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
+1 Other

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umakanthan53
5916

Dear Pourna,

Placing a newly appointed employee on the phase of probation before confirming him is the discretion of the employer depending on the nature of the job and if so prescribed, it shall be one of the conditions of the contract of employment. As per the model standing orders, it can be up to 6 months and thereafter may be extended for a further period of three months at a time as per the discretion of the employer. However, the maximum period of probation shall not be more than two years.
During the period of probation, if the performance of the probationer including his behaviour is not satisfactory to the employer, his probation can be extended or his services can be dispensed with with or without any notice. Such a termination can be without any compensation or assigning any reason thereof.

Notice of resignation during probation can be prescribed by the employer at his discretion. In such a case one month's notice may be reasonable.

The employer should issue a relieving letter and a service certificate.

From India, Salem
kumaracme
417

In addition to our learned member Mr. Umakanthan reply, Please note the following points regarding notice period.

The usual notice period during probation is one day and upon confirmation of services, it would be 30 days or 3 months based on the hierarchy.

Further you need to give service certificate and relieving order for the resigned employee during probation also.

The notice period clause would come in the appointment letter where notice period for probation and confirmation clearly mentioned.

From India, New Delhi
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