My friend joined a proprietorship manufacturing firm with two units and employing more than 100 employees and workers. In the appointment letter issued to him, it mentions that the company can terminate/discontinue his services with 24 hours' notice, whereas if the employee wants to leave the job, they are required to give a month's notice. It appears that the terms and conditions are biased and one-sided. Can someone suggest the validity of these terms and conditions?
From India, Mumbai
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4From India, Mumbai
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The title of the thread and the content of the question seem to be at variance.
Notice periods for a probationer and a confirmed employee can be different. If the notice period mentioned in the post pertains to a confirmed employee, it is certainly biased and cannot stand legal scrutiny in case of any dispute later in this regard.
From India, Salem
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Notice periods for a probationer and a confirmed employee can be different. If the notice period mentioned in the post pertains to a confirmed employee, it is certainly biased and cannot stand legal scrutiny in case of any dispute later in this regard.
From India, Salem
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Probation is akin to "Appointment against a Permanent Position" with the proviso that once, and after the performance and behavior of the probationer are found satisfactory, he/she is confirmed against that permanent position. Hence, the notice period for and in the case of a probationer is a misnomer as probationers in such provisional appointments can be terminated due to unsatisfactory performance and behavior. The probation during their probationary period can quit if he/she so decides without observing any notice period; just a notice to do so shall suffice.
Kritarth Team has followed this for over four decades now.
Kritarth Team, 29 Dec 2018
From India, Delhi
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Kritarth Team has followed this for over four decades now.
Kritarth Team, 29 Dec 2018
From India, Delhi
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Sirs/Madams,
Thank you for your suggestions. My query is that my friend is nearing the completion of probation in 15 days. If during this period my friend wants to discontinue, a 1-month notice period is required as per the clause of the appointment letter. However, if the company wants to discontinue his services, it can do so by giving 24 hours notice. Considering the above biased clauses, can the company terminate him (or a probationer) by giving 24 hours notice and without 1 month's salary compensation?
Furthermore, my friend has not signed the appointment letter and wrote a letter requesting to revise a few terms and conditions, including the notice period. However, no reply has been received from the company so far, even though 2-3 months have passed. Now, in the circumstances where the company discontinues his services, what would be the compensation my friend can claim? My friend is in a senior position with over 15 years of experience, and the company has not documented anything unsatisfactory regarding his performance and conduct.
Please suggest and guide.
From India, Mumbai
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Thank you for your suggestions. My query is that my friend is nearing the completion of probation in 15 days. If during this period my friend wants to discontinue, a 1-month notice period is required as per the clause of the appointment letter. However, if the company wants to discontinue his services, it can do so by giving 24 hours notice. Considering the above biased clauses, can the company terminate him (or a probationer) by giving 24 hours notice and without 1 month's salary compensation?
Furthermore, my friend has not signed the appointment letter and wrote a letter requesting to revise a few terms and conditions, including the notice period. However, no reply has been received from the company so far, even though 2-3 months have passed. Now, in the circumstances where the company discontinues his services, what would be the compensation my friend can claim? My friend is in a senior position with over 15 years of experience, and the company has not documented anything unsatisfactory regarding his performance and conduct.
Please suggest and guide.
From India, Mumbai
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With due regard to the view of the learned member from M/S Kritarth Consulting, I have a different perception about the concept of probation in employment, and hence I would like to uphold the necessity for a compulsory period of probation immediately following the joining of a new entrant in any organization. This applies not only to freshers but also to experienced candidates. Freshers, despite their brilliant academic records, would certainly need some time to gain practical knowledge and understand the nuances of their behavior within the closed social group of employees of the same organization. Probation is a predetermined and limited phase or brief duration of time that demands more orientation to the post held and understanding the work culture of the organization than merely discharging the mundane responsibilities attached to it. Therefore, it would not be appropriate for the employer to subjectively declare within a day or two that the newcomer would not fit into the organization and show them the exit. Similarly, it would not be appropriate for the newcomer to simply walk out the moment they find the job demanding or the work atmosphere tense.
Regarding the latest query of the questioner, being a senior, his friend would have asked to revise the offer in line with his preferences or simply rejected it instead of joining. However, at this juncture, in my opinion, there are two possibilities:
(a) The management may consider the changes solicited and agree at the end of the probation period to confirm him, or simply discharge him citing the termination clause in the offer.
OR
(b) They may accept the resignation subject to the fulfillment of the notice condition in its entirety and demand 15 days' salary towards the unserved notice period or adjust it in his last month's salary.
From India, Salem
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Regarding the latest query of the questioner, being a senior, his friend would have asked to revise the offer in line with his preferences or simply rejected it instead of joining. However, at this juncture, in my opinion, there are two possibilities:
(a) The management may consider the changes solicited and agree at the end of the probation period to confirm him, or simply discharge him citing the termination clause in the offer.
OR
(b) They may accept the resignation subject to the fulfillment of the notice condition in its entirety and demand 15 days' salary towards the unserved notice period or adjust it in his last month's salary.
From India, Salem
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Respected Sir,
Thank you for your valuable opinions.
The company issued an appointment letter to my friend after 2 months of joining following the interview. My friend had to join the company without the appointment letter as he required a job to manage his household. Some companies have adopted a technique to avoid appointment letters even in today's time. My friend or anyone looking for employment cannot wait and must demand an appointment letter to join as earning is a critical thing.
The notice period clauses for employees and employers are not equal (for employees 1 month to leave and for the company 24 hours to terminate). In my view, the clause for the company to terminate an employee should be "giving 24 hours notice with a month's salary compensation." I think the company purposefully kept the clause "a month's salary compensation" silent. Are the notice period clauses during the probation period justified?
I hope I have clearly stated my queries for suggestions.
Thank you.
From India, Mumbai
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Thank you for your valuable opinions.
The company issued an appointment letter to my friend after 2 months of joining following the interview. My friend had to join the company without the appointment letter as he required a job to manage his household. Some companies have adopted a technique to avoid appointment letters even in today's time. My friend or anyone looking for employment cannot wait and must demand an appointment letter to join as earning is a critical thing.
The notice period clauses for employees and employers are not equal (for employees 1 month to leave and for the company 24 hours to terminate). In my view, the clause for the company to terminate an employee should be "giving 24 hours notice with a month's salary compensation." I think the company purposefully kept the clause "a month's salary compensation" silent. Are the notice period clauses during the probation period justified?
I hope I have clearly stated my queries for suggestions.
Thank you.
From India, Mumbai
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Dear Colleague,
It is unjust for the contractual notice period to be different for employees and the organization. However, having worked for some time now, your friend can choose to continue or quit by giving one month's notice as it is too late to agitate.
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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It is unjust for the contractual notice period to be different for employees and the organization. However, having worked for some time now, your friend can choose to continue or quit by giving one month's notice as it is too late to agitate.
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Vinayak Sir,
Many thanks for your suggestions. Further, please share your views on the following:
1) For unjust contractual terms regarding notice periods being different for employees and organizations, what are the governmental provisions to control exploitation and provide justice to working classes at all levels of employment? In today's time, although many organizations are trying to adopt good HR practices, there are also organizations that do not follow proper HR policies. Are there uniform HR laws to control and deliver social justice to every worker in the private sector? Many choose to avoid escalating these issues in their career interest, but they suffer financially.
2) In my example, if the company discontinues my friend's services in the last few days of the probation period, can my friend ask for a month's salary compensation? Please note that he hasn't been given a copy of the signed appointment letter as he wrote back to the management requesting to revise some terms, including the notice period, two months ago, but has not heard anything from them (management) to date.
Thanks a lot.
From India, Mumbai
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Many thanks for your suggestions. Further, please share your views on the following:
1) For unjust contractual terms regarding notice periods being different for employees and organizations, what are the governmental provisions to control exploitation and provide justice to working classes at all levels of employment? In today's time, although many organizations are trying to adopt good HR practices, there are also organizations that do not follow proper HR policies. Are there uniform HR laws to control and deliver social justice to every worker in the private sector? Many choose to avoid escalating these issues in their career interest, but they suffer financially.
2) In my example, if the company discontinues my friend's services in the last few days of the probation period, can my friend ask for a month's salary compensation? Please note that he hasn't been given a copy of the signed appointment letter as he wrote back to the management requesting to revise some terms, including the notice period, two months ago, but has not heard anything from them (management) to date.
Thanks a lot.
From India, Mumbai
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Dear Colleague,
I do not believe such an unjust practice is very rampant in India to cause concern. On the contrary, in my experience, the practice is to maintain equality in the notice period on both sides. What your friend has been experiencing is rare, and the right thing would have been not to join any company on such terms in the first place. I don't see the need for governmental intervention as it is not a widespread practice.
Regards, Vinayak Nagarkar HR Consultant.
From India, Mumbai
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I do not believe such an unjust practice is very rampant in India to cause concern. On the contrary, in my experience, the practice is to maintain equality in the notice period on both sides. What your friend has been experiencing is rare, and the right thing would have been not to join any company on such terms in the first place. I don't see the need for governmental intervention as it is not a widespread practice.
Regards, Vinayak Nagarkar HR Consultant.
From India, Mumbai
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Dear Colleague,
Under any situation, whether during the probation period or in a permanent position, the notice period should be the same for both parties. The appointment letter serves as a contract between the employer and the employee. Legally, this clause in the appointment letter is not valid.
Regards,
Mohit Bansal
Compliance Manager
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Under any situation, whether during the probation period or in a permanent position, the notice period should be the same for both parties. The appointment letter serves as a contract between the employer and the employee. Legally, this clause in the appointment letter is not valid.
Regards,
Mohit Bansal
Compliance Manager
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