Dilemma - Notice period need to serve during the probation period and Shop & Establishment act is saying something else

Hi Everyone,

Got stuck with this dilemma.

It is mentioned in the Shop & Establishment act of Delhi, that If the employee has completed his/her minimum 3 months in an organization, then during relieving if the person resigns or company ask to resign, there will be 1 month notice period.

However, this is also prevalent that 6 months will be of probation and during that time there will be 15 days of notice period (this is what have seen with many organizations).
How come this is been following by many of the organizations if it is clearly been stated in act.

Your earliest response, will be very helpful.

Will be grateful of your help and support.

Thank you !

Probation and the notice required to be given under section 30(1) and (2) are different. You can keep an employee under probation depending upon the job. That is why no labour law has ever made any clause for probation and confirmation. You can also make an employee liable to be terminated during probation period without notice. But under Delhi Act since there is a specific clause that in respect of an employee who has put in 3 months service one month notice from either side is mandatory, termination of such an 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 probation but termination of contract of employment during the probation period after three months of joining would require one month notice. Alternatively, you can terminate an employee without notice when he is found guilty of any misconduct after conducting an enquiry.