Anonymous
Hi i need to ask regarding my contract.I have joined my company and after four months my boss is asking for resignanation this has been the third time but now i am not intrested to continue my services and my contract says

You will be on probation for a period of three months the date of joining.If you have been considered suitable for the post for which you are appointed,you shall be confirmed.Either party can terminate the contract of employment wherin the employer shall serve one month notice before pro ation and three month notice after probation.

Iam bit confused betwwen two clause

1.After three months am i automatically confirmed and how much notice period i have to give as i have not recived any confirmation letter.

2.Even thier is no clause that employee has to give the notice period instead.

Please can i get clarity on the paragrapph mentioned below

The contract has a line Either party can terminate the contract of employment wherin the employer shall serve one minth notice period before and three months notice after probation.

From India, New Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy

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KK!HR
1345

From the provision, it is clear that there is no automatic confirmation. Since there is no confirmation order, you are continuing to be on probation. There is no notice period for the employee.
From India, Mumbai
saswatabanerjee
2324

In most companies, confirmation is needed to be communicated to be in writing as many of the benefits accrue only to confirmed and permanent employees. However, in this case, it is likely to be that HR will claim you are confirmed so they can force you to do 3 month notice period. You should then stick to your guns

In your resignation letter, you can specifically say that you are resigning due to behaviour of your manager or that you are resigning because he asked you to do so. Who knows, they may not even bother to ask for notice period if they do not want you in the company

From India, Mumbai
umakanthan53
5922

Confirmation on successful completion of the period of probation should be in writing UNLESS there is an explicit clause of deemed Confirmation in the contract of employment or service regulations. In the case of the questioner, both are absent. Therefore, if the questioner resigns either on his own or by the indirect compulsion of the employer, he has to serve the 3 months notice period at any cost.

Though the disparity in the notice period is not justifiable, it is not worth legally fighting against this as of now in the future interest of the questioner.

In case the employer insists again on his immediate resignation, the poster can ask for waiver or reduction in the notice period in writing by the employer before hand.

From India, Salem
saswatabanerjee
2324

Dear Umakanthan Sir If there is no letter of confirmation and there is no clause of implicit confirmation, why will he be required to do 3 months notice period?
From India, Mumbai
umakanthan53
5922

Dear Saswat,

In the above post, most probably, the poster seems to have failed to give the exact notice clause. It is clear that he is still a probationer and as such, he might have been asked to serve one month's notice period only and hence no necessity for any grievance. But his present question of inequality at the point of his frustrated resignation is suggestive of the existence of such a clause even while on probation.

I think that you'll agree with me the fact that notice clause on unilateral termination of employment in the contract of employment is a gray aspect escaping legal injunctions in India except the provisions of sec.25-F of the ID Act,1947, IE(SO)Act,1946 and most other establishment-specific labor laws like State S&E Acts and thus virtually leaving the matter to the discretion of the employer who is always superior party to the contract. Of course the principle of equity demands equality in such a term in cases beyond such a legal restriction. But the employer can justify it on the grounds of cost relating to recruitment and training. Thus, in any case it becomes an inequal fight, if legally agitated by the employee whose resignation in most cases is for better alternative employment only.
That's the gist of my above observation.

From India, Salem

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