siddiquiasna
21

Hi Everyone, I would like to know, what will be the notice period if an employee want to leave the job in his/her probation period?? Regards, Asna.....
From India, Hyderabad
ajeet_sk
Refer the Bombay Shops and Establishments Act, 1948



Section 66: Notice of termination of service


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.

If you still have any doubts then consult your Labor Consultant or your PF Consultant for more clarity on the same.

Regards

From India, Thana
siddiquiasna
21

Thank you for the information Mr. Ajit ..
Is this applicable for all the companies irrespective of their domains/ Sectors?? OR such policies will differ from company to company depending upon their framed regulations??
Regards,
Asna.....

From India, Hyderabad
ajeet_sk
It is mandatory for all commercial establishments to register with the local Municipal authority and obtain a GUMASTA License.
If your firm is registered with the local Municipal authority and has been issued a Gumata License, then I believe all regulations stipulated in the Shop and Establishment Act would apply to your organisation.
You should consult a labour law expert or your PF consultant and also obtain a latest copy of the Shop and Establishment Act for more clarity.
Regards,

From India, Thana
ajeet_sk
Your Company HR Policy manual which should have clearly defined the procedure and guidelines for such cases. If not then you should take the initiative and define the procedure and guidelines so that further cases of such nature can be dealt with appropriately. You have to exercise extreme precaution and be sensitive towards the local labor regulation while defining such procedures. Hence consulting an labor expert would be the right approach.
Regards,

From India, Thana
Alphonse
162

Dear friend The noticwe period will not be applicable for probationary and trainee employees. Regards Alphonse
From India, Madras
Ettiene Fivaz
1

This should be an item specified in your employee induction manual, but for information, the following...
Probationary employees are only subject to 24 hour notice.
Permanent employees:-
During the first month, 24 hour notice
During the second and third month, one week notice
During month 4 to 6, two weeks notice
Longer than 6 months, one calendar month notice

From South Africa, Pretoria
D.GURUMURTHY
107

Dear Sir,
Normally in probation period, there is no notice period. The employer can terminate any probationer without notice. Simililarly employee can also quit at any time
without notice with simple intimation to management.
In case, in probation appointment order, if stipulated to give one month notice, one should give notice and quit the job after one month or on payment of one
month salary in lieu of notice.
D.Gurumurthy
LL,HR&IR Consultant

From India, Hyderabad
vidhya-narayan
I have not received any official appointment letter from this company and have worked only for 11 days..Due to a message that was communicated to my superior by one of my friend in an inappropriate manner my boss asked me not to come to work as he has already processed my termination.
I worked for 11 days in this company and when I went to meet HR I was told that they have shown me as absconding
I was shocked to hear that. While explaining about the message sent by my boss HR said that I should have come and met them much earlier
I worked from 29th Jan to 11th Feb...message was sent to me by my boss on 14th Feb asking me not to come to work
When I had informed thru sms that I am unwell hence
Unable to report to work will submit my resignation to which boss replied you don't hv to come as he has already processed your termation
Now they are saying because I was abandoning they will not pay me my 11 days salary plz advice or help me to know how can I get this 9000 rs as this money means a lot to me I need it for a medical emergency very badly.thanks
Anonymous

From India
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