The probationary period of the employee is 11 months. For confirmed employees, the notice period is 30 days. I have a query regarding whether the requirement of a 30-day notice or wages in lieu under the Shops and Establishments Act applies to employees on probation as well.
From India, Bengaluru
Acknowledge(0)
Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Friend,
It is the necessary to first look at the terms and conditions which the company has written on the appointment letter, if your appointment letter is written, You will have to serve 30 days or in lieu wages to pay.
“There can be no manner of doubt that the employer is entitled to engage the services of a person on probation. During the period of probation, the suitability of the recruit/appointee has to be seen. If his services are not satisfactory which means that he is not suitable for the job, then the employer has a right to terminate the services.
There is no definite definition mentioned in Shops and establishment act.
From India, Mumbai
Acknowledge(0)Amend(0)
454It is the necessary to first look at the terms and conditions which the company has written on the appointment letter, if your appointment letter is written, You will have to serve 30 days or in lieu wages to pay.
“There can be no manner of doubt that the employer is entitled to engage the services of a person on probation. During the period of probation, the suitability of the recruit/appointee has to be seen. If his services are not satisfactory which means that he is not suitable for the job, then the employer has a right to terminate the services.
There is no definite definition mentioned in Shops and establishment act.
From India, Mumbai
Acknowledge(0)Amend(0)
Thank you, sir. The notice period for probationers is 7 days. However, the Shops and Establishments Act states that employees are entitled to one month's notice. Should we follow the Shops and Establishment Act requirement for probationers as well.
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Friend, The probation period in each company is different, so you should follow the conditions written in your appointment letter.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Sorry sir but my exact query is whether the termination period mentioned in the shops and establishments acts applies to employees on probation as well?
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Friend,
There is no specific word mentioned like a probation period. If the company wants to terminate someone, they either provide notice days as mentioned in the appointment letter or wages to pay in lieu.
From India, Mumbai
Acknowledge(0)Amend(0)
There is no specific word mentioned like a probation period. If the company wants to terminate someone, they either provide notice days as mentioned in the appointment letter or wages to pay in lieu.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear friend,
I believe your question relates to an employee working in a shop or commercial establishment governed by the Karnataka Shops and Commercial Establishments Act, 1961. In such a scenario, you must adhere to the procedure for dismissal or removal from service as outlined under section 39 of the Act. Section 39(1) requires the issuance of one month's prior notice or payment of salary in lieu thereof as a prerequisite for dismissing or removing an employee who has worked in the establishment for at least six months.
In cases where an employee's performance is unsatisfactory during their probation period, the employer has a valid reason to terminate their services. It is essential to note that no provisions in Standing Orders, Service Regulations, or any terms specified in appointment orders can contradict the corresponding regulations of the governing law applicable to the establishment. Therefore, compliance with section 39(1) of the Karnataka Shops and Commercial Establishments Act, 1961 is mandatory.
I hope this information is helpful to you.
Best regards, [Your Name]
From India, Salem
Acknowledge(0)Amend(0)
I believe your question relates to an employee working in a shop or commercial establishment governed by the Karnataka Shops and Commercial Establishments Act, 1961. In such a scenario, you must adhere to the procedure for dismissal or removal from service as outlined under section 39 of the Act. Section 39(1) requires the issuance of one month's prior notice or payment of salary in lieu thereof as a prerequisite for dismissing or removing an employee who has worked in the establishment for at least six months.
In cases where an employee's performance is unsatisfactory during their probation period, the employer has a valid reason to terminate their services. It is essential to note that no provisions in Standing Orders, Service Regulations, or any terms specified in appointment orders can contradict the corresponding regulations of the governing law applicable to the establishment. Therefore, compliance with section 39(1) of the Karnataka Shops and Commercial Establishments Act, 1961 is mandatory.
I hope this information is helpful to you.
Best regards, [Your Name]
From India, Salem
Acknowledge(0)Amend(0)
Dear Friend,
Shri Umakanthan.M is very correct. If you are terminating any employee based on poor performance or as disciplinary action, you are required to prove it through a notice, enquiry, etc., before terminating. If the employee is on probation, temporary, or on a contract, you can end his services with notice, but you will have to draft the letter very carefully.
From India, Ludhiana
Acknowledge(0)Amend(0)
Shri Umakanthan.M is very correct. If you are terminating any employee based on poor performance or as disciplinary action, you are required to prove it through a notice, enquiry, etc., before terminating. If the employee is on probation, temporary, or on a contract, you can end his services with notice, but you will have to draft the letter very carefully.
From India, Ludhiana
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
10-rules-for-a- good-day-header _412.gif
Manpower Requirement Form.doc
MAKE IT A GREAT DAY!!.ppt