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neer joy
1

Dear Sir/Mam
Sub: 1) Can Probation period be in contractual Employment.
2) Can Notice period can be of 3 month in contractual employment after completion of probation period.
3) How job can be confirmed after probation period (6 Month) if job is on contract of (3 years).
i am going to join a job in a NGO in Delhi, this company is mentioning in their appointment letter , these above things .
my question is that how probation period can be added in contractual employment and it can be confirmed after probation period. if it is on contract not for permanent employment.
## and can three month notice period is valid after probation period in contractual employment?
## or it is necessary to accept this?
because it involves to pay three month salary of against notice period if i will leave the job.
is it all ok terms according to Indian Contract law rules ?or this company has not ethical norms.
kindly clarify it as soon as possible.
Regards
Neer Joy

From India, Delhi
neer joy
1

ubject - Can probation period be in Contractual employment.
Dear Sir/Mam

Sub: 1) Can Probation period be in contractual Employment.
2) Can Notice period can be of 3 month in contractual employment after completion of probation period.
3) How job can be confirmed after probation period (6 Month) if job is on contract of (3 years).

i am going to join a job in a NGO in Delhi, this company is mentioning in their appointment letter , these above things .

my question is that how probation period can be added in contractual employment and it can be confirmed after probation period. if it is on contract not for permanent employment.

## and can three month notice period is valid after probation period in contractual employment?
## or it is necessary to accept this?
because it involves to pay three month salary of against notice period if i will leave the job.

is it all ok terms according to Indian Contract law rules ?or this company has not ethical norms.

kindly clarify it as soon as possible.

Regards

Neer Joy

From India, Delhi
tajsateesh
1637

Hello Neer Joy,
Suggest wait for the lawyer members to respond.
But prima-facie, I don't think Contract Appointments have any Probation period.
However, the Notice Period in case of leaving/resigning BEFORE the Contract Period is usually there--obviously the Company will need to protect it's interest if a person decides to leave when he/she is needed in the company. But the duration--3 months or some other figure--varies from Company to Company.
Rgds,
TS

From India, Hyderabad
neer joy
1

Mr. TS
Thank for the reply my question is that ,
1.As u said in a contract employment , how probation period can be?
2. then how can they say that job will be confirmed after probation period when it is already a contract for 3 years. then for 3 year contract they will confirm?
3. if confirmation is not possible in contractual employment then why they are changing notice period 1 to 3 month . when employment is on contract not for permanent confirmation.
i have to join the company from 1st July so kindly reply in a legal terms as our labor contract rule of govt. so i can discuss this things before joining with the reference of this legal term.
Thanx
Neer Joy

From India, Delhi
tajsateesh
1637

Hello Neer Joy, Your query has already been referred to the Legal Experts in this Forum — to give a legal perspective. Pl wait for them to respond. Rgds, TS
From India, Hyderabad
kamalkantps
314

Sorry Neer for replying late there was some problem with my login.

Now lets address your problem.

Please send me your Appointment letter on my Mail ID i will be able to tell you more if i will see it.

For now, yes, if the period of Employment is 3 years there can be probation. The logic behind probation is very simple it is kept to see the efficiency of the employee. If the employee is not upto the mark he can be terminated while on probation. It is both ways if you don't like the company environment you can also call it quits. Simple logic.

Now regarding notice period it all depends on your nature of job. The Logic behind it depends on the quantum of time a company needs to hire somebody of your caliber at your place and the person placed on your place needs how much time to pick up things smoothly. I have seen people with the Notice period of six months even. But i am strictly against the Unreasonable Notice Period. Like if you are on a executive job where not much skill is involved and the person for that kind of job are easily available in market, even then the company keeps the notice period for 3 months i Feel it is unreasonable. that is why i asked for your appointment letter so that i may see your nature of job, any other unreasonable clause in appointment letter. i also wanted to see if you are getting the benefits you are entitled. sometime companies write for the sake writing in the appointment letters what even is not possible legally.

From India, New Delhi
neer joy
1

Dear Sir
Thanx for your valuable advise. i m going to join as a "Accountant" , in this my work profile include all the function of financing activity.
and they are providing me
1) Medical Insurance " in which insurance company will compensate in hospitalization case"
2) Accidental insurance policy 50 times of CTC.
and other thing like basic pay , pf , hra conveyance .
Regards
Neer Joy

From India, Delhi
neer joy
1

Dear Sir
Thanx for your valuable advise. i m going to join as a "Accountant" , in this my work profile include all the function of financing activity.
and they are providing me
1) Medical Insurance " in which insurance company will compensate in hospitalization case"
2) Accidental insurance policy 50 times of CTC.
and other thing like basic pay , pf , hra conveyance .
Regards
Neer Joy

From India, Delhi
kamalkantps
314

Dear Neer,
Are you alone handling the accounts dept.? Because if you are not alone and performing work which is already in the knowledge of others also then 3 months notice period is just to harass you because if you plan to leave the company you will have to resign first and then you will have to search for a job because no company will wait for 3 months for you to join. In case you leave without serving total 3 months notice period they will deduct your salary. this is a rule which is responsible for a lot of absconding of employees. I think there should be a serious debate over this rule.

From India, New Delhi
gvram16
Dear Mr Kamal Kant Ji,
Good to see you sharing your knowledge and experience on this open forum. I appreciate if you can help me to understand on the below points.
1) Can any confirmed employee promoted to new role passing internal process, be on probation in new role?
2) How to keep promoted employee(Confirmed) under supervision with similar rules as applicable in Probation?
Please advise.
Thanks,
GVR

From India, Delhi
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