Navigating Probation Periods: Can Notice Periods Be One-Sided and Legal?

Hey Seniors, I need your guidance regarding the query on the probation period. It has been generally observed that we have a notice period after confirmation.

Notice Period During Probation

1) Can we keep the notice period at the time of probation as well?

2) Is there any specification about the notice period during probation in employment law? If so, please provide me with the details.

3) Can we establish the conditions of the notice period in one direction? For instance, if the employee wishes to leave the company, they must provide notice before a specified number of days. On the other hand, if the employer wants the employee to leave, no notice is required, and management can ask the employee to leave without prior intimation. Can this be contested?

I kindly request your expert comments on the above subject matter.

Warm Regards, Chaitali Mistry

Here are the answers below:

1) Can we keep the notice period at the time of probation also?
— YES. It's up to the Company/Employer.

2) Is there any specification about the notice period at the time of probation only in employment law?
If so, then please provide me the details. — NOTHING THAT I CAN RECOLLECT. Most companies have a 1-month notice period, while nowadays, many IT companies have introduced 3 months to handle attrition.

3) Can we put up the conditions of the notice period one way?
Meaning if the employee wants to leave the company, he/she has to provide intimation before specified days, and if in case the employer wants him to leave the company, no intimation is required, and management can ask him to leave the company without any prior intimation. Can it be challenged? — YES. Technically, every rule/law can be challenged, but it depends a lot on the individual concerned. Leaving the legal aspect aside, do you think it's fair and ethical to have such a rule? The new employee may agree to it due to his/her own hurry of joining a job, but you can be sure that he/she will notice the difference later (if not already done before joining) and will find a way to bypass it when he/she wants to quit—one reason why we find so many employees just walking off without serving any meaningful notice period (you can see many threads in CiteHR related to this common HR problem).

Regards,
TS

As per my knowledge, the probation period has to be decided by the company depending on the business requirements, determining how many months should be set for the probation period (e.g., 3, 6, etc.). It is possible to include a notice period even during the probation period.

Regards,
HR.

Clause in Appointment Letter: Legal or Not?

As per the appointment letter, there is a clause that states the management can ask him to leave the company without any prior intimation. Is this clause in accordance with the company act?

Case Study: ITES Company Termination

Why am I raising this question once again? One ITES company hired approximately 75-150 staff for a 6-month probation period. After one and a half months, the company terminated about 100 employees without any prior notice and settled their accounts on the same day.

Is this action legal or illegal? Please share your comments.

Regards,
Silva

Understanding Probation and Standing Orders

If your company has a certified Standing Order, look into whether any probation is prescribed for a trainee or a temporary worker. A trainee, after successful completion of training, or a temporary worker before being made regular, can be placed under probation. The period of probation can be decided by the management. It may be between 3 months to one year. Terms and conditions of the probation may be prescribed in the appointment letter of the probationer.

If your company has no certified standing order, you can follow the State Government's Model Standing Order pending obtaining certified Standing Orders.

Regards,
S. Krishnamoorthy