Dear Shivani,
Please read model standing order and you get your answer. If management does not confirm after competion of probation period, it is deemed to have been con firmed. Any way no poilicy can be aginst the principal of naturl justice. whatever management applies to you, same is applicable to them.
kamlesh k
From India, Mumbai
3Please read model standing order and you get your answer. If management does not confirm after competion of probation period, it is deemed to have been con firmed. Any way no poilicy can be aginst the principal of naturl justice. whatever management applies to you, same is applicable to them.
kamlesh k
From India, Mumbai
Shivani, its depends open the company policy. but before confirmation you have to serve 7 days or 15 days depend open the company to company. Regards PM
From India, Bangalore
From India, Bangalore
Hi Shivani,
It's depends on the company policy. If the clause in the appointment letter states that employee need to serve notice period from the DOJ then they need to serve or need to give Basic + DA. If it is from the DOC then its' not required.
Pl. check in the appointment letter.
Thanks,
Amit
From India, Mumbai
It's depends on the company policy. If the clause in the appointment letter states that employee need to serve notice period from the DOJ then they need to serve or need to give Basic + DA. If it is from the DOC then its' not required.
Pl. check in the appointment letter.
Thanks,
Amit
From India, Mumbai
Hi Shivani,
I understand that as per the Bombay Shops & Commercial Establishment Act, 1948 Rule 66 the employer terminating the service of the emloyer will give 14 days notice if service is less than 1 year otheriwse one month notice is to be served upon the employee. The similar provisions are incorporated under the Industrial Disputes Act, 1947 Section 25 F. However, there is no rule that employee has to give notice of leaving service unless in the service rules it is incorporated and the same are approved by the Government Labour Department. Again there is an issue whether the particular employee is a workmen as defined under the ID Act etc. If not then the appointment letter is an Employment Contract and both the parties have to adhere it to strictly if any diversion to the appointment letter terms then the changes should have been in writings and both the parties should sign in the confirm the same. Any violation in the said practice may invite legal action with Civil Court or Labour Court as the case may be.
Regards
paresh pathak
From India, Mumbai
I understand that as per the Bombay Shops & Commercial Establishment Act, 1948 Rule 66 the employer terminating the service of the emloyer will give 14 days notice if service is less than 1 year otheriwse one month notice is to be served upon the employee. The similar provisions are incorporated under the Industrial Disputes Act, 1947 Section 25 F. However, there is no rule that employee has to give notice of leaving service unless in the service rules it is incorporated and the same are approved by the Government Labour Department. Again there is an issue whether the particular employee is a workmen as defined under the ID Act etc. If not then the appointment letter is an Employment Contract and both the parties have to adhere it to strictly if any diversion to the appointment letter terms then the changes should have been in writings and both the parties should sign in the confirm the same. Any violation in the said practice may invite legal action with Civil Court or Labour Court as the case may be.
Regards
paresh pathak
From India, Mumbai
Hi,
Your contractual obligation is limited to what is given to you in writing. If the appointment letter does not talk about 'NOTICE' during probation, then , either party i.e. the employer and the employee has a right to terminate the contract without any notice.
However, gererally, in the appointment letter, there is an omnibus clause, which says that the employee will be bound by the general terms and conditions and rules of the organisation. Any policy decision of the company on 'notice' will become applicable.
If there is no such clause in your appointment letter, then, either party has a right to terminate the contract without any obligation of notice to the other party.
Cyril
From India, Nagpur
Your contractual obligation is limited to what is given to you in writing. If the appointment letter does not talk about 'NOTICE' during probation, then , either party i.e. the employer and the employee has a right to terminate the contract without any notice.
However, gererally, in the appointment letter, there is an omnibus clause, which says that the employee will be bound by the general terms and conditions and rules of the organisation. Any policy decision of the company on 'notice' will become applicable.
If there is no such clause in your appointment letter, then, either party has a right to terminate the contract without any obligation of notice to the other party.
Cyril
From India, Nagpur
Dear Sivani:
Single sided agreement has no stand in the eye of law. Agreement should be mutual and only then it is effective and carries weightage. In your case as nothing is given in your appointment letter please refer to Model Service rules and /or Code of conduct applicable to your organisation and then proceed by consulting a legal expert.
Keep smiling :) everything will be ok
Regards
NKT
From United States, Cambridge
Single sided agreement has no stand in the eye of law. Agreement should be mutual and only then it is effective and carries weightage. In your case as nothing is given in your appointment letter please refer to Model Service rules and /or Code of conduct applicable to your organisation and then proceed by consulting a legal expert.
Keep smiling :) everything will be ok
Regards
NKT
From United States, Cambridge
Shiavni
as the others have mentioned this is entirely upto the management. In most case the notice period and salary therei in lieu is mentioned but not so stringently followed but no one can comment since we dont know much about your company and whether there have been any such precedences.
From India, Mumbai
as the others have mentioned this is entirely upto the management. In most case the notice period and salary therei in lieu is mentioned but not so stringently followed but no one can comment since we dont know much about your company and whether there have been any such precedences.
From India, Mumbai
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