Can a Company Fire You Without Notice During Probation While You Must Give One Month's Notice?

Hi all,

I require your help urgently. I would like to know whether, during probation, there is any rule that the company can remove the employee without notice, but the employee needs to give one month's notice before leaving. In case this term is given in the appointment letter, what can an employee do? Can the employee pay one month's salary instead of the notice period, even though it is not written in the appointment letter?

Please help me regarding this.

Thanks,
Chitra

Dear Chitra,

If it is written in the appointment letter that one month's notice is required on either side, then one month's salary should be paid by the employer if they remove the employee, and vice versa from the employee's side as well.

If it is not explicitly stated in the appointment letter, then if an employee resigns, even though they are not obligated to give one month's notice, as a courtesy, they can work for the period until they complete the pending assignments and hand them over to the company.

Regards,
L. Kumar

Hi Chitra,

Very well explained by others. Go through the conditions defined in the appointment letter. In general, most organizations set a notice period of 7 days during probation, which is clearly defined in the appointment letter.

Regards,
Amit Seth.

In terms and conditions of an appointment letter, it is generally mentioned that during the probation period, your services can be terminated without assigning any reason. As per this clause, you can terminate. However, in the court of law, this clause would not hold good. While terminating, you must have a valid reason for termination. In case his performance is not satisfactory, you can extend his probation period but cannot terminate, provided he is covered under the ID Act. If you have a license for a hire and fire policy (which has not become an act so far), then you can terminate without assigning any reason. Since the employer is terminating him, he has to give a notice of one month if it is mentioned in his offer of appointment to the employee; otherwise, the employer has to pay one month's pay in lieu of notice.

Dear Chitra,

You have two questions.

Question 1

"I would like to know whether during probation is there any rule that the company can remove the employee without notice but the employee needs to give one month's notice before leaving."

This is a one-sided contract; hence, it is void. If there is notice, it has to be the same for both. If it states that the company need not give notice and the employee has to give notice, it is void, and there is no need for the employee to give notice legally.

Question 2

"And in case this term is given in the appointment letter, what can an employee do and can the employee pay one month's salary instead of the notice period, even though it is not written in the appointment letter."

As I said earlier, if notice is to be given by the employee and not by the employer, it is void, and you do not need to give notice.

If the appointment letter says only a notice period by both parties, then it is mandatory to give only notice pay, and it cannot be compensated by giving one month's pay. To my knowledge, all appointment letters carry the notice pay clause.

Siva