Is It Fair for Companies to Have Different Notice Periods During Probation? Let's Discuss

Is it lawful for the company to inform me after joining that my probation period is one month? During probation, they can terminate me immediately, whereas I have to give a 2-month notice period to resign. After the probation is completed, they will give me a 15-day notice period before termination, but I have to give a 2-month notice period to resign.

Hi Narender,

Employment laws can vary significantly depending on your jurisdiction, and it's important to be aware of the specific regulations that apply to your situation. In many places, employment contracts and terms of employment are subject to labor laws, and certain provisions may be subject to legal scrutiny.

Probationary periods

In general, probationary periods are a common practice for employers to assess an employee's suitability for a position. During probation, employers may have more flexibility in terminating employment without providing extensive notice. However, the terms of the probationary period should be clearly outlined in the employment contract, and they should comply with local employment laws.

Notice periods

Regarding notice periods, it's common for employers to require longer notice from employees than they themselves are obligated to provide. However, this should also be in accordance with labor laws. Employment contracts are generally subject to the principle of "reasonableness," meaning that the terms and conditions should be fair and not overly burdensome on one party.

If you have concerns about the terms of your employment contract, it's advisable to seek legal advice or consult with a human resources professional who is familiar with the employment laws in your jurisdiction. They can provide guidance on whether the terms of your contract are in compliance with local regulations and whether any adjustments might be necessary.

The employment laws can be complex and can vary from one state to another, so it's crucial to seek advice that is specific to your location.

Thanks,

Understanding Termination and Resignation Notice Periods

The discrepancy between the termination period during probation and the notice period required upon resignation is a common practice in many organizations. Probation periods typically allow for quicker termination without extensive notice, giving the company flexibility to assess new hires' performance and fit within the organization.

Purpose of Resignation Notice Periods

On the other hand, the notice period for resignation often aims to provide the employer with adequate time to find a replacement, transfer responsibilities, and ensure a smooth transition upon an employee's departure. This notice period is intended to minimize disruption to ongoing projects and operations.

While this might seem imbalanced in terms of the time frames, it's a standard employment practice in many places. If you're concerned about this discrepancy, it might be worth discussing with your employer or HR department to understand their reasoning behind the differing timelines and to explore any potential flexibility or alternatives that could be considered in your specific situation.

Contract of Employment and Notice Periods

A contract of employment is an agreement between two parties, where one party is often in a weaker position than the other. Therefore, including clauses that further weaken this party can render the contract voidable. A genuine contract of employment or offer of employment should have an equal notice period for both parties. A clause stipulating a shorter notice period for the employer and a longer one for the employee is not enforceable by law.

Notice Periods Under the Industrial Disputes Act

For employees covered under the Industrial Disputes Act, a one-month notice or salary in lieu of notice from the employer is mandatory. However, an employee is not legally obligated to serve notice or pay salary in lieu of the notice period. According to the law, if you do not have managerial responsibilities, you cannot be required to serve any notice when resigning. Conversely, if the company wishes to terminate you, a complete one-month notice or salary in lieu of that notice is required, provided you have worked for 240 days in the 12 months preceding such action.

Probation Period Termination Clauses

During probation, your service can be terminated according to the clauses in the appointment order. However, if there is a notice period mentioned for the employer, the same should apply to the employee as well.