Thank u so much for valuable suggestion but i hv one query rise that on which act mention that employee need to give Notice Period during Probation??
Its totally depend on company policy and i dont think so any big firm ask notice period during PB. I m working in MNC as Senior Executive HR & Compliance but i didnt ask NP in PB.
I heartily invited suggestion from seniors if there is any clause related to this.
From India, Mumbai
23Its totally depend on company policy and i dont think so any big firm ask notice period during PB. I m working in MNC as Senior Executive HR & Compliance but i didnt ask NP in PB.
I heartily invited suggestion from seniors if there is any clause related to this.
From India, Mumbai
Diya
-it is necessary to serve Notice Period if candidate accepted such term in employement agreement even
in probationary period.
-if Notice Period Served, its the duty of your Org. to grant his experience certificate & relieve order
even if its probationary period.
-If NP not served, you shall grant only experience certificate is must, but not the relieve order, if mutually
not agreed for his early relieve, however its upto the discretion of your company
-If NP not served, you have to grant experience certificate & relieve order, if mutually agreed his to his
early relieve.
From India, Chennai
-it is necessary to serve Notice Period if candidate accepted such term in employement agreement even
in probationary period.
-if Notice Period Served, its the duty of your Org. to grant his experience certificate & relieve order
even if its probationary period.
-If NP not served, you shall grant only experience certificate is must, but not the relieve order, if mutually
not agreed for his early relieve, however its upto the discretion of your company
-If NP not served, you have to grant experience certificate & relieve order, if mutually agreed his to his
early relieve.
From India, Chennai
Dear Mr Arpan
As Adv. Manoj has rightly said, there is no hard and fast rule or not mentioned in any act that Notice Period is required during Probation Period. It is a general practice widely accepted by companies not to serve Notice Period during Probation apart from that if a company wish to waive off the probation no one will stop you doing so. Same way if the company wish their employee to serve Notice Period during Probation it can. I hope this clarifies the doubt
From India, Ahmadabad
As Adv. Manoj has rightly said, there is no hard and fast rule or not mentioned in any act that Notice Period is required during Probation Period. It is a general practice widely accepted by companies not to serve Notice Period during Probation apart from that if a company wish to waive off the probation no one will stop you doing so. Same way if the company wish their employee to serve Notice Period during Probation it can. I hope this clarifies the doubt
From India, Ahmadabad
Dear All,
It totally depends on the company policy,
Probation period is tenure that we need to complete to avail various benefits asscocited with the roles assigned and though the inductry standards are 6 month we see a tenure between 3-6 months respectively.
For the question related to notice period, in case it is not mentioned in the offer letter or the appointment letter the employee can give 24hr notice and leave the assigned roles, however this may again depend on the kind of responsibility assigned to the employee.
here the reason for instant resignation can be considered whether it is an emergency for example and accordingly a call can be taken by the immediate supervisor.
thanks and regards
From India, Mumbai
It totally depends on the company policy,
Probation period is tenure that we need to complete to avail various benefits asscocited with the roles assigned and though the inductry standards are 6 month we see a tenure between 3-6 months respectively.
For the question related to notice period, in case it is not mentioned in the offer letter or the appointment letter the employee can give 24hr notice and leave the assigned roles, however this may again depend on the kind of responsibility assigned to the employee.
here the reason for instant resignation can be considered whether it is an emergency for example and accordingly a call can be taken by the immediate supervisor.
thanks and regards
From India, Mumbai
That's true NDivya, if an employee is in the probation period then s/he is not awarded the experience letter when leaving the company. That is the reason that the employee can leave the job without prior notice or the employee can terminate the employee without many warnings. And this is true with most of the companies in India.
From India
From India
Navan Navanee;
-The Co., does not reserve rights to hold certificates in its custody 1st of all.
-The Co., shall verify the originals & return it back to the candidate asap after verifications done.
-So all these 10 months itself is long & illegitimate period
-request the co., to return back the originals, else approach a lawyer to redeem it
From India, Chennai
-The Co., does not reserve rights to hold certificates in its custody 1st of all.
-The Co., shall verify the originals & return it back to the candidate asap after verifications done.
-So all these 10 months itself is long & illegitimate period
-request the co., to return back the originals, else approach a lawyer to redeem it
From India, Chennai
Interesting that we have been discussing about notice period during probation and the grey area that exists... but here is an interesting aspect that i would want to address.
Why is there a need for this grey area to be addressed today? Why is your joining letter / letter of appointment or what ever you wish to call it not complete. Why does it not address the probation period? Most of the good organization have a separate clause addressing this issue. There are of course quite a few others who prefer to leave grey areas in their contracts so as to give them some leverage for arm twisting at a later stage.
I think you need to relook at the contracts you give and try and remove these grey areas... because a lot of times these gaps can create "bad" ripples and has a tendency of taking away a lot of your time and energy...
Cheers
From India, Delhi
Why is there a need for this grey area to be addressed today? Why is your joining letter / letter of appointment or what ever you wish to call it not complete. Why does it not address the probation period? Most of the good organization have a separate clause addressing this issue. There are of course quite a few others who prefer to leave grey areas in their contracts so as to give them some leverage for arm twisting at a later stage.
I think you need to relook at the contracts you give and try and remove these grey areas... because a lot of times these gaps can create "bad" ripples and has a tendency of taking away a lot of your time and energy...
Cheers
From India, Delhi
Hi kulsh,
The Probation Period in my company is of 6 months.
Can you help me with the salary issues regarding resignation in Probation period .?
If the Company's termination clause says following. ..
1. One month notice by either side.
2. Company will not pay salary of that month if NP not served.
Both the points are linked ( logically) but but but they have not stated after OR during NP any where in the offer letter with respect to point 1 ....
So will the candidate is liable to get salary or NO ...??
From India, Indore
The Probation Period in my company is of 6 months.
Can you help me with the salary issues regarding resignation in Probation period .?
If the Company's termination clause says following. ..
1. One month notice by either side.
2. Company will not pay salary of that month if NP not served.
Both the points are linked ( logically) but but but they have not stated after OR during NP any where in the offer letter with respect to point 1 ....
So will the candidate is liable to get salary or NO ...??
From India, Indore
If in the company's termination clause Notice Period during probation and after confirmation is not clearly specified then an employee can fight in the court of law stating that if the employee would have quit the job within 3 days of joining, the employee could not be forced to pay 1 month Notice Period which is illogical. Lets wait for seniors to respond too
From India, Ahmadabad
From India, Ahmadabad
That's exactly what i was referring to about intentionally having grey areas in the offer letter. Lets look at this case in particular...
Probation - 6 months
Notice - 1 month
Probation Notice - Not mentioned
Penalty Clause - NO salary if NP not served
This offer letter is brilliantly and subtly skewed for the advantage of the employer. If no separate clause is mentioned about notice period during Probation yet a clause in the offer letter mentions Notice period as 1 month, I think it can be argued that this clause is applicable for the entire tenure (during and after probation) of an employee. The action would purely be dependent on the management. If they wish to disregard the clause and allow, they will.... If they want to harass some one they will refer to the offer letter...:-)... Standard operating procedure of a mid sized company ( at least most of them).
Bottom line: If policies are to be strictly followed then no salary if NP not served irrespective of when (probation or confirmed) it happens!
But of course that's my view and others could have a different opinion as well...
Cheers
From India, Delhi
Probation - 6 months
Notice - 1 month
Probation Notice - Not mentioned
Penalty Clause - NO salary if NP not served
This offer letter is brilliantly and subtly skewed for the advantage of the employer. If no separate clause is mentioned about notice period during Probation yet a clause in the offer letter mentions Notice period as 1 month, I think it can be argued that this clause is applicable for the entire tenure (during and after probation) of an employee. The action would purely be dependent on the management. If they wish to disregard the clause and allow, they will.... If they want to harass some one they will refer to the offer letter...:-)... Standard operating procedure of a mid sized company ( at least most of them).
Bottom line: If policies are to be strictly followed then no salary if NP not served irrespective of when (probation or confirmed) it happens!
But of course that's my view and others could have a different opinion as well...
Cheers
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Legal Clarification on Severance Dues & Probation Period.PDF
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls