My Pvt Ltd firm has suspended its operations for time being and is operating under a new partneship name.
They plan to dissolve the old Pvt Ltd firm and start a new one with the same directors.
All this involves change of name
Ex:
1. ABC Pvt Ltd
2. XYZ Partnership Firm
3. MNO Pvt Ltd
now, there are some employees who are working with the firm when it was ABC pvt ltd and is operating as a Partnership firm.
My question is are we in Probation now that the firm's name is different?
And will we be in Probation again when the new Company is formed?
Is Probation period applicable to HR, Admin and Manager as well??
Kindly Advise
Thankyou
Ria Nath Puri
From India, Mumbai
They plan to dissolve the old Pvt Ltd firm and start a new one with the same directors.
All this involves change of name
Ex:
1. ABC Pvt Ltd
2. XYZ Partnership Firm
3. MNO Pvt Ltd
now, there are some employees who are working with the firm when it was ABC pvt ltd and is operating as a Partnership firm.
My question is are we in Probation now that the firm's name is different?
And will we be in Probation again when the new Company is formed?
Is Probation period applicable to HR, Admin and Manager as well??
Kindly Advise
Thankyou
Ria Nath Puri
From India, Mumbai
Kndly refer your offer letter for any clause mentioning on probation period and its policies
From India, Kochi
From India, Kochi
In your case employer and job profile has not change even though shareholder has change that doesnot change your employment because you have not terminated or transferred to another company change of business title doesnot mean change of employment. THis is not employee's problem.
Partho
From Saudi Arabia
4Partho
From Saudi Arabia
As the business of your company and the employees are likely to remain same, putting them again on probation afresh does not make sense.
What's probation? It is a period for the employer to see whether the newly recruited employee can really be a fit in that organsation and for the employee, it is to evaluate whether his/her ambition, needs, etc. are going to be fulfilled there.
Going by the above definition, the probation period can be applicable to every employee irrespective of thier designation or status. And it is entirely upto a company to decide the period of probation, though in general it is considered that a 6 months period is good enough for both employee and employer to test each other.
Prashant
From India, Delhi
What's probation? It is a period for the employer to see whether the newly recruited employee can really be a fit in that organsation and for the employee, it is to evaluate whether his/her ambition, needs, etc. are going to be fulfilled there.
Going by the above definition, the probation period can be applicable to every employee irrespective of thier designation or status. And it is entirely upto a company to decide the period of probation, though in general it is considered that a 6 months period is good enough for both employee and employer to test each other.
Prashant
From India, Delhi
Thankyou very much Prashant, Partho & Sojuloya,
Thanks for your inputs.
I understand that a Probation is for testing skills and also mandatory for most of the employees but my question here is a bit differet or maybe I couldn't frame it properly.
My firm had 3 directors they have handed over the firm to two of their trusted subordinates who operate it under a new name which is not a Pvt Ltd firm but merely a Partnership firm.
Now my directors want to take their firm to a complete closure and reopen under a new name and with 4 directors.
They will be having an entirely new Pvt Ltd firm where we shall be the employees yet again.
Do advise
Ria Nath Puri
From India, Mumbai
Thanks for your inputs.
I understand that a Probation is for testing skills and also mandatory for most of the employees but my question here is a bit differet or maybe I couldn't frame it properly.
My firm had 3 directors they have handed over the firm to two of their trusted subordinates who operate it under a new name which is not a Pvt Ltd firm but merely a Partnership firm.
Now my directors want to take their firm to a complete closure and reopen under a new name and with 4 directors.
They will be having an entirely new Pvt Ltd firm where we shall be the employees yet again.
Do advise
Ria Nath Puri
From India, Mumbai
In that case, I reckon they will be given fresh appointment letters. So, you can exclude the clause of probation (after convincing your new management) for the existing confirmed employees in their new appointment letter.
For others, the probation period will be as decided by you or your (new) management.
Prashant
From India, Delhi
For others, the probation period will be as decided by you or your (new) management.
Prashant
From India, Delhi
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