PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Partner, Labour And Employment
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KK!HRWhen you have a át will' employment contract, what is the need for probation? Reportedly, you do not have any establishment outside the country. The concept of at-will employment is not applicable in India, here you have the protection of labour laws as regards persons in the workman category.
From India, Mumbai
labourSince you don't have a foreign entity the contract will be governed by Indian laws. Under Indian laws at will employment is not recognised either under Industrial Disputes Act or under the State specific Shops Act unless the employment falls in the exempted category.
Similarly, probation is also not a statutory requirement. Having said that a minimum employment period is required before a person becomes entitled to notice period. Therefore, that period is considered probation period.