During the probation period, either party may terminate the services with immediate effect without assigning reasons. Post-probation, i.e., after confirmation of tenure, either party will have to terminate services with a notice period of 30 days.
"Either party" means...?
From India, Patna
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2"Either party" means...?
From India, Patna
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Dear Sonu,
"Either the party" means the "employee or the employer."
Its complete meaning is, "during the probation period either the employee or the employer may terminate the services with immediate effect without assigning reasons. Post probation, i.e. after confirmation of tenure, either the employee or the employer will have to terminate services with a notice period of 30 days."
Hope your query is clear.
From India, Delhi
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"Either the party" means the "employee or the employer."
Its complete meaning is, "during the probation period either the employee or the employer may terminate the services with immediate effect without assigning reasons. Post probation, i.e. after confirmation of tenure, either the employee or the employer will have to terminate services with a notice period of 30 days."
Hope your query is clear.
From India, Delhi
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that means i can leave my job within probation period without serving noice?
From India, Patna
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From India, Patna
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Dear sonu, Yes, this clause says this thing, and if you are thinking for a job change during probation period and this clause is for you then you can go ahead without notice period. Best of Luck.
From India, Delhi
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From India, Delhi
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Dear Sonu,
If the terms of employment, as regards the termination clause, specify that either party may terminate the employment with immediate effect without assigning any reasons during the probation period by giving a 24-hour notice in writing, then during the probation period, both the employer or the employee may terminate service with immediate effect by serving a simple notice in accordance with the terms of employment. So, either party means the employer or the employee.
I hope this is clear to you.
Sibabarata Majumdar
Management Consultant - Legal & HR
Mobile: 9830023706
From India, Calcutta
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If the terms of employment, as regards the termination clause, specify that either party may terminate the employment with immediate effect without assigning any reasons during the probation period by giving a 24-hour notice in writing, then during the probation period, both the employer or the employee may terminate service with immediate effect by serving a simple notice in accordance with the terms of employment. So, either party means the employer or the employee.
I hope this is clear to you.
Sibabarata Majumdar
Management Consultant - Legal & HR
Mobile: 9830023706
From India, Calcutta
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Dear Sonu,
During the probation period: "either party may terminate the services with immediate effect without assigning reasons."
Post-probation, i.e., after confirmation of tenure: "Either party will have to terminate services with a notice period of 30 days."
So far as the underlying meanings are concerned, I think you should be clear now. However, though legally the interpretation is correct, office etiquette calls for proper prior intimation of your intentions to be given to the concerned through the proper channel. This will help you in case you would be required to obtain the service/experience certificate, relieving letter, and full and final settlements. Probably this requirement is not mentioned anywhere, I think. Do it sensibly. All the best.
From India, Bangalore
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During the probation period: "either party may terminate the services with immediate effect without assigning reasons."
Post-probation, i.e., after confirmation of tenure: "Either party will have to terminate services with a notice period of 30 days."
So far as the underlying meanings are concerned, I think you should be clear now. However, though legally the interpretation is correct, office etiquette calls for proper prior intimation of your intentions to be given to the concerned through the proper channel. This will help you in case you would be required to obtain the service/experience certificate, relieving letter, and full and final settlements. Probably this requirement is not mentioned anywhere, I think. Do it sensibly. All the best.
From India, Bangalore
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