Confused About Notice Periods? How Do Companies Handle Probation vs. Legal Requirements?

Hi Everyone, I got stuck with this dilemma.

Notice Period According to the Shop & Establishment Act of Delhi

It is mentioned in the Shop & Establishment Act of Delhi that if an employee has completed a minimum of 3 months in an organization, then during relieving, whether the person resigns or the company asks them to resign, there will be a 1-month notice period.

Probation Period Practices in Organizations

However, it is also prevalent that a 6-month probation period is observed, during which there is a 15-day notice period. This is what I have seen with many organizations. How is this being followed by many organizations if it is clearly stated in the act?

Your earliest response will be very helpful. I will be grateful for your help and support.

Thank you!

Probation and Notice Requirements

Probation and the notice required under section 30(1) and (2) are different. You can keep an employee under probation depending on the job. That is why no labor law has ever made any clause for probation and confirmation. You can also make an employee liable to be terminated during the probation period without notice.

Notice Requirement Under the Delhi Act

Under the Delhi Act, since there is a specific clause that in respect of an employee who has put in 3 months of service, one month's notice from either side is mandatory, termination of such employment would require notice. It does not mean that probation shall be equal to or less than three months. You can still have 6 months or one year of probation, but termination of the contract of employment during the probation period after three months of joining would require one month's notice. Alternatively, you can terminate an employee without notice when they are found guilty of any misconduct after conducting an inquiry.