There are three aspects in this case.
First terms of employment: As mentioned above, the probation was 3 month; what happened after that, was your probation extended or you were confirmed or the employer did not give anything in writing; if your services were confirmed, confirmation letter should provide the notice period. If nothing was given in writing, then your services remain on probation.
Second issue is whether you are covered under Shops & Establishments Act, which you are most probably; most of Shops & Estt Act provides for a clause on this issue, e.g. Delhi Shops & Estt Act states that the employer has to give one months notice after three months service. It does not matter whether your employment is probation, temporary or whatever, the notice is mandatory.
All Statutory Provisions give the benefits on completion of certain length of service and do not depend on the classification as probation, temporary, permanent, etc.
It is correct that if you are charged with a serious misconduct, you can be dismissed (not terminated) for such misconduct. Before it is done, the charge has to be enquired and proved in accordance with the principles of natural justice.
Yours is not the case of miscondct. It is a case where company is saying re your performance.
As per Industrial Disputes Act, termination of service for reasons other than misconduct, ill health and others mentioned therein, amounts to retrenchment. Your case will squarely fall as retrenchment as efficiency etc are not part of exception. The employer after completion of one year's service is required to give on months notice plus half months salary as compensation for each year of service.
This is the law.
Some of my colleagues are talking about practice in their company. Remember, any practice which is less beneficial than the legal provisions is not legally valid. It does not apply.
First terms of employment: As mentioned above, the probation was 3 month; what happened after that, was your probation extended or you were confirmed or the employer did not give anything in writing; if your services were confirmed, confirmation letter should provide the notice period. If nothing was given in writing, then your services remain on probation.
Second issue is whether you are covered under Shops & Establishments Act, which you are most probably; most of Shops & Estt Act provides for a clause on this issue, e.g. Delhi Shops & Estt Act states that the employer has to give one months notice after three months service. It does not matter whether your employment is probation, temporary or whatever, the notice is mandatory.
All Statutory Provisions give the benefits on completion of certain length of service and do not depend on the classification as probation, temporary, permanent, etc.
It is correct that if you are charged with a serious misconduct, you can be dismissed (not terminated) for such misconduct. Before it is done, the charge has to be enquired and proved in accordance with the principles of natural justice.
Yours is not the case of miscondct. It is a case where company is saying re your performance.
As per Industrial Disputes Act, termination of service for reasons other than misconduct, ill health and others mentioned therein, amounts to retrenchment. Your case will squarely fall as retrenchment as efficiency etc are not part of exception. The employer after completion of one year's service is required to give on months notice plus half months salary as compensation for each year of service.
This is the law.
Some of my colleagues are talking about practice in their company. Remember, any practice which is less beneficial than the legal provisions is not legally valid. It does not apply.