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narender-negi4750436
Is it fine and as per law that Company told me after joining that my probation period is one period. During probation they can terminate me immediately, whereas I have to give 2 months notice period to resign. After probation is completed, they will give me 15 days notice period before termination but I have to give 2 months notice period to resign?
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional
Raghunath_bv
General Manager-hr & Admin

raghunath_bv
149

Hi Narender,
Employment laws can vary significantly depending on your jurisdiction, and it's important to be aware of the specific regulations that apply to your situation. In many places, employment contracts and terms of employment are subject to labor laws, and certain provisions may be subject to legal scrutiny.

In general, probationary periods are a common practice for employers to assess an employee's suitability for a position. During probation, employers may have more flexibility in terminating employment without providing extensive notice. However, the terms of the probationary period should be clearly outlined in the employment contract, and they should comply with local employment laws.

Regarding notice periods, it's common for employers to require longer notice from employees than they themselves are obligated to provide. However, this should also be in accordance with labour laws. Employment contracts are generally subject to the principle of "reasonableness," meaning that the terms and conditions should be fair and not overly burdensome on one party.

If you have concerns about the terms of your employment contract, it's advisable to seek legal advice or consult with a human resources professional who is familiar with the employment laws in your jurisdiction. They can provide guidance on whether the terms of your contract are in compliance with local regulations and whether any adjustments might be necessary.

The employment laws can be complex and can vary from one State to another, so it's crucial to seek advice that is specific to your location.

Thanks,

From India, Bangalore
aarya-pockethrms
1

The discrepancy between the termination period during probation and the notice period required upon resignation is a common practice in many organizations. Probation periods typically allow for quicker termination without extensive notice, giving the company flexibility to assess new hires' performance and fit within the organization.

On the other hand, the notice period for resignation often aims to provide the employer with adequate time to find a replacement, transfer responsibilities, and ensure a smooth transition upon an employee's departure. This notice period is intended to minimize disruption to ongoing projects and operations.

While this might seem imbalanced in terms of the time frames, it's a standard employment practice in many places. If you're concerned about this discrepancy, it might be worth discussing with your employer or HR department to understand their reasoning behind the differing timelines and to explore any potential flexibility or alternatives that could be considered in your specific situation.

From India, Thane
Madhu.T.K
4193

A contract of employment is a contract between two parties and the person on one side is weaker than the other. As such making him more weaker by puting clauses against him will make the contract voidable. A genuine contract of employment/ offer of employment should have equal notice period and the clause of lesser notice for the employer and higher notice period for the employee will not be enforceable by law. Moreover, in respect of an employee coming under the scope of Industrial Disputes Act, one month notice or salary in lieu of notice from the employer is mandatory but an employee is not under any legal obligation to serve notice or pay salary in lieu of the notice period. This being the law, if you are not having functional responsibilities of a manager, you cannot be asked to serve any notice for resigning whereas a complete one month notice or salary in lieu of that notice is required to be given if the company wants to terminate you, provided you have worked for 240 days in the 12 months preceding such action.

During probation, your service can be terminated but following the clauses in the appointment order. But when there is a notice mentioned for the employer, the same should be applicable for the employee also.

From India, Kannur
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