Is Equal Notice Required During Probation? Understanding Employer Obligations

Dear Senior, Kindly update me on whether there is any law regarding the notice period during the probation period. Does the employer have to provide an equal notice if the employee is in the notice period?

For example, if the employer mentions in the appointment letter a one-month notice period that the employee must serve in the probation period, does the employer also have to pay one month's salary if they terminate the employee within the probation period?

Looking forward to a prompt response.

Thank you,

Regards, Ruchi

The employee has to serve the one-month notice period as mentioned. If they do not serve, then the equivalent amount needs to be paid by the employee. In any situation, the employer need not pay for the notice period. It is waived if the employee is sent out before the notice period.

Regards,
S. Aravind

If you go through your appointment letter, you would understand it in a better way. The clause of the notice period is on either side. If the employee wants to resign, he/she has to serve the notice period as mentioned in the appointment letter, which is 1/2/3 month/s. If the employer terminates, the employer has to pay the agreed notice period amount to the employee. That's what the clause is all about.

If it is mentioned in the appointment letter regarding probation, you have to pay one month's notice period salary or provide one month's notice before leaving the job. If it is not mentioned, then there is no need to do so.

Thank you for your valuable information. Kindly update me if the employer mentioned in his appointment letter that during the probation period, the employee has to serve a one-month notice period, while the employer has to pay five days' salary if they terminate the employee. I want to clarify if this is against any law or if employers can terminate an employee with immediate effect without paying anything.

Regards,
Ruchi

Fixing the notice period is the whole decision of the employer, subject to the consent of both parties. Additionally, the notice period should be realistic and practically applicable. It should be equal on the grounds of the nature of justice.

Notice of Termination in Mumbai

In Mumbai, the notice of termination is specified in "The Bombay Shops & Establishment Act, 1948," Section 66: Notice of termination of service. But you may need to check your local laws.

No employer shall dispense with the services of an employee who has been in continuous employment for not less than a year without giving such person at least thirty days' notice in writing, or wages in lieu of such notice; for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice; provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct.

Explanation of Misconduct

Explanation: For the purposes of this section, "misconduct" shall include:

- a) Absence from service without notice in writing or without sufficient reasons for seven days or more;
- b) Going on or abetting a strike in contravention of any law for the time being in force; and
- c) Causing damage to the property of his employer.

Regards