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“This offer is contractual and in the nature of employment. After successful completion of probation, you will be considered an employee of xyz company on a regular basis for a continuous period subject to other terms and conditions stated below. In case of termination of your services during the probation period or you have opted to quit the services within a period of one year, no work experience certificate will be issued to you.”

“ During the probation period, we reserve the right to terminate you if you are found undisciplined or inefficient or without assigning any reason whatsoever without notice. However, during regular employment, XYZ company can terminate your services with prior one-month notice with or without assigning any reasons. Similarly, you can resign from your employment with XYZ company by serving a two-month (60 days) notice period.”

My question is, is the condition of the notice period applicable during probation?

From India, Hyderabad

This is actually a one sided appointment order, and will not stand legally. First reason is that the notice required by the employer to terminate the employee is just one month, and the employer can terminate the employee without assigning any reason. At the same time, the employee (once confirmed in service) has to give 60 days' notice to leave the company.

Now coming to termination during probation period, the company only reserves the right to terminate the employee without assigning any reason and without any notice. It does not speak if the employee can leave the company without notice. The stupidity of this clause is that when the employer has the right to terminate employment without assigning any reason, it is said that inefficiency or indiscipline is one of the reasons for termination!

The offer is both contractual as well as regular in nature. That is another point which is deviating from the practice that all of us follow. You can appoint an employee for a fixed period, say one year or two years. It can also be regularised. But there will not be any probation period under an fixed term contract because the initial period itself would stand as probation and if the employee is not good, no further extension would be given to him. Again there is a clause that if you leave during probation or before one year no service certificate will be issued.

Let us come to the question, does notice period apply during probation. Though it is not clearly mentioned, you can interpret that notice period does not apply during probation. If the employer can terminate a probationer without notice, the employee should also be able to terminate the contract of employment without notice. If the reason for termination is indiscipline or bad performance, the reason for leaving shall be bad HR climate, poor management, poor career growth than expected when you joined or other.

I don't think that it is a good company to work in.

From India, Kannur
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