Notice Period Query - Appointment Letter

Mrs. Arora
Respected Senior,
Kindly update me whether there is any law in regards of Notice period in probation period.
Is employer has to serve equal notice if employee is in notice period.
For Ex. If Employer mentioned in his Appointment letter one month notice period employee has to serve in the probation period, do employer also has to pay 1 month salary if he terminate the employee with in Probation period.
Looking for response at earliest.
Thanks
Ruchi
Aravindsurendran
Hi,
The employee has to serve the one month notice period as mentioned.
If he does not serve then the amount equivalent needs to be paid by the employee
In any situation the employer need not pay for the notice period.
It is waved off if the employee is sent out before the notice period.
Regards,
S.Aravind
jkct15
Hi
if you go thru your appointment letter, you would understand it in a better way. The clause of notice period is either or side. If the employee wants to resign, he/she has to serve the notice period as mentioned in the appointment letter that is 1/2/3 month/s. If the employer terminate, the employer has to pay the agreed notice period amount to the employee. That's the clause is all about.
D.GURUMURTHY
If it is mentioned in the appointment letter on probation, you have to pay one month notice period salary or one month notice before leaving the job. If not mentioned, no need.
Mrs. Arora
Hi
Thanks for your valuable information.
Kindly update, if employer mentioned in his appointment letter that in the probation period employee has to serve one month notice period while employer has to serve 5 days pay if he terminate employee.
I want to clear is this against any law or employers can terminate employee with immediate effect without paying anything..
Regards
Ruchi
tushar.swar
Dear Ruchi,

Fixing the notice period the whole decision of employer subject to with consent of the both party. as well as Notice period should be realistic & can be piratically applicable. it should be equal on the ground of nature of justices.

In Mumbai, Notice of termination is specify in "The Bombay Shops & Establishment Act. 1948", Section 66: Notice of termination of service

But, you may check your local laws.

No employer shall dispense with the services of an employee who has been in his [continuous employment]-a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice:b) 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:c) Provided that such notice shall not be necessary where the services of such employees are dispensed with for 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.
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