Hey Seniors,
Need your guidance for the query on probation period.Generally its been observed that we have a notice period after confirmation.
1) Can we keep notice period at the time of probation also??
2) Is there any specification about the notice period at the time of probation only, In employment law?? If so then please provide me the details.
3) Can we put up the conditions of Notice period one way, means if the employee wants to leave the company he/she have to provide intimation before specified days and if in case employer wants him to leave the company no intimation required, management can ask him to leave the company without any prior intimation. Can it be challenged?
You are requested to provide your expert comments on the above subject matter.
Warm Regards,
Chaitali Mistry
From India, Vadodara
1Need your guidance for the query on probation period.Generally its been observed that we have a notice period after confirmation.
1) Can we keep notice period at the time of probation also??
2) Is there any specification about the notice period at the time of probation only, In employment law?? If so then please provide me the details.
3) Can we put up the conditions of Notice period one way, means if the employee wants to leave the company he/she have to provide intimation before specified days and if in case employer wants him to leave the company no intimation required, management can ask him to leave the company without any prior intimation. Can it be challenged?
You are requested to provide your expert comments on the above subject matter.
Warm Regards,
Chaitali Mistry
From India, Vadodara
Hello Chaitali Mistry,
Here are the answers below:
1) Can we keep notice period at the time of probation also??--YES. it's upto the Company/Employer.
2) Is there any specification about the notice period at the time of probation only, In employment law?? If so then please provide me the details.--NOTHING THAT I CAN RECOLLECT. Most companies have 1 month, while now-a-days, many IT companies have introduced 3 months--to handle attrition.
3) Can we put up the conditions of Notice period one way, means if the employee wants to leave the company he/she have to provide intimation before specified days and if in case employer wants him to leave the company no intimation required, management can ask him to leave the company without any prior intimation. Can it be challenged?--YES. Technically, every rule/law can be challenged--but depends a lot on the individual concerned. But leaving the legal aspect apart, do you think it's fair & ethical to have such a Rule? The new employee may agree to it due to his/her own hurry of joining a job, but you can be sure that he/she will notice the difference later [if not already done before joining] & will find a way to bypass it when he/she wants to quit--one reason why we find so many employees just walking off without serving any meaningful Notice period [you can see many threads in CiteHR related to this common HR problem].
Rgds,
TS
From India, Hyderabad
Here are the answers below:
1) Can we keep notice period at the time of probation also??--YES. it's upto the Company/Employer.
2) Is there any specification about the notice period at the time of probation only, In employment law?? If so then please provide me the details.--NOTHING THAT I CAN RECOLLECT. Most companies have 1 month, while now-a-days, many IT companies have introduced 3 months--to handle attrition.
3) Can we put up the conditions of Notice period one way, means if the employee wants to leave the company he/she have to provide intimation before specified days and if in case employer wants him to leave the company no intimation required, management can ask him to leave the company without any prior intimation. Can it be challenged?--YES. Technically, every rule/law can be challenged--but depends a lot on the individual concerned. But leaving the legal aspect apart, do you think it's fair & ethical to have such a Rule? The new employee may agree to it due to his/her own hurry of joining a job, but you can be sure that he/she will notice the difference later [if not already done before joining] & will find a way to bypass it when he/she wants to quit--one reason why we find so many employees just walking off without serving any meaningful Notice period [you can see many threads in CiteHR related to this common HR problem].
Rgds,
TS
From India, Hyderabad
Hi All,
As per my knowledge is concern probation period has to be decided by the company depends on business requirement how many months has to be set under probation period Exp 3, 6...etc. We can keep notice period even in probation.
Regards,
HR.
As per my knowledge is concern probation period has to be decided by the company depends on business requirement how many months has to be set under probation period Exp 3, 6...etc. We can keep notice period even in probation.
Regards,
HR.
As per appoint letter, Even there is a clause that the management can ask him to leave the company without any prior intimation. is it right clause in the company act?
Why am i raising this question once again, one of ITES company hired at about 75-150 staff for 06 month probation period. after one and half month the company retribution about 100 employees without any prior notice and settled their account in the same day.
Is it legal or illegal please offer your comments
Regards
Silva
From India, Delhi
Why am i raising this question once again, one of ITES company hired at about 75-150 staff for 06 month probation period. after one and half month the company retribution about 100 employees without any prior notice and settled their account in the same day.
Is it legal or illegal please offer your comments
Regards
Silva
From India, Delhi
If your Company has a certified Standing Order, look into it whether any probation is prescribed for a trainee or a temporary worker. A trainee after successful completion of training or a temporary worker before being made regular can be placed under probation. The period of probation can be decided by the management. It may be between 3 months to one year. Terms and conditions of the probation may be prescribed in the appointment letter of the probationer.
If your company has no certified standing order, you can follow the State Government's Model Standing Order pending obtaining of certified Standing Orders.
S. Krishnamoorthy
From United States, Roslindale
If your company has no certified standing order, you can follow the State Government's Model Standing Order pending obtaining of certified Standing Orders.
S. Krishnamoorthy
From United States, Roslindale
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Hello Seniors.doc
Confirmation Format (Probation).xls