Dear All, I want to confirm if a company terminates an employee in Probation period , is the company liable to pay 30 days salary if they dont want employee to serve notice period? Vaishali
From India, Bengaluru
1From India, Bengaluru
Dear Vaishali, Yes, company is liable to pay if it is mentioned or included in the appointment contract. So please check and follow the same.
if we mention in probation period if terminated no salary will be given for 30 days is that in line with HR law? Vaishali
From India, Bengaluru
From India, Bengaluru
HI,
If you are mentioning clause for non payment in case of termination of contract then this will be effective from both the side and if employee is breaking the contract then he / she is also not liable to pay any amount as penalty towards notice period.
If you are mentioning clause for non payment in case of termination of contract then this will be effective from both the side and if employee is breaking the contract then he / she is also not liable to pay any amount as penalty towards notice period.
Whether you have to pay 30 days notice pay or not n the event of you terminating an employee's service depends up on the terms of the letter of appointment.So please check it. However if the clause stipulates that both the employer in case of termination and the employee in case of resignation need not give notice period,then you are not required to pay any notice pay.Please check the language of the clause in the letter of appointment.
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
well what we do is always pay employee for 30 days if we terminate them whether in probation or permanent but i want to check is it compulsory to pay an employee 30 days salary if we terminate in probation period. Based on this HR dept can revise the appointment letter for all future recruitment.
Vaishali
From India, Bengaluru
Vaishali
From India, Bengaluru
Then you can say with regard to termination during probation period as follows
"However the employer can terminate d service of an employee during probation without notice and d employee can resign from d service without notice during probation"
Saikumar
From India, Mumbai
"However the employer can terminate d service of an employee during probation without notice and d employee can resign from d service without notice during probation"
Saikumar
From India, Mumbai
ok so that means i have to give a liberty to employee in probation to leave wo serving notice period which i didnt wanted but i want to do things which doesnt go againt Hr norms?
From India, Bengaluru
From India, Bengaluru
Employment too is a contract and is subject to the provisions of the contract Act 1872. So a contract is binding on the parties there to if the terms are accepted by them without any coercion.So the question is whether an employment contract which stipulates a clause more favourable to the employer is enforceable? I do not envisage any problem in this, if the said clause is accepted by the employee of his own free will.
Then your statement that though you want a favorable clause on termination but you don't want to do any thing that is against HR norms, made me to stretch the discussion beyond the sphere of contract and examine whether there is any employment law governing the same issue and if so whether it impacts such a clause.
Normally the Shops and Establishments Act of the States contain a clause on termination which requires an employer to give notice of certain time (usually 30 days) to an employee in case of terminating his services. It is prudent to keep the terminations clauses in tune with that in the Shops and Establishments Act to avoid any conflict between both.So please check the Shops Act of your State if your establishment is covered by the said Act.
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
Then your statement that though you want a favorable clause on termination but you don't want to do any thing that is against HR norms, made me to stretch the discussion beyond the sphere of contract and examine whether there is any employment law governing the same issue and if so whether it impacts such a clause.
Normally the Shops and Establishments Act of the States contain a clause on termination which requires an employer to give notice of certain time (usually 30 days) to an employee in case of terminating his services. It is prudent to keep the terminations clauses in tune with that in the Shops and Establishments Act to avoid any conflict between both.So please check the Shops Act of your State if your establishment is covered by the said Act.
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
From India, Mumbai
Dear Friend,
We need to understand what is a probationer "in general when a person is taken on employment but put for a observation period rather can be said on trial for certain period to observe his/her performance in that job or position. There after if his/her performance found satisfactory, he/she confirmed as an employee of the organisation.
In general probation period rather can be considered as contract for that period of time mentioned in appoinment letter. The confirmity is depend upon his/her performance during the period or otherwise it is seized on completion of period. The non-confirmity to job can not be treated as termination. Now it is depend upon the text mentioned in the appoinment letter of the probationer. Whether the probationer are being informed regarding their performance during the period or counselling session? It is definite to raise an alarm as most of times there is misuse to Probationers.
From India, Mumbai
We need to understand what is a probationer "in general when a person is taken on employment but put for a observation period rather can be said on trial for certain period to observe his/her performance in that job or position. There after if his/her performance found satisfactory, he/she confirmed as an employee of the organisation.
In general probation period rather can be considered as contract for that period of time mentioned in appoinment letter. The confirmity is depend upon his/her performance during the period or otherwise it is seized on completion of period. The non-confirmity to job can not be treated as termination. Now it is depend upon the text mentioned in the appoinment letter of the probationer. Whether the probationer are being informed regarding their performance during the period or counselling session? It is definite to raise an alarm as most of times there is misuse to Probationers.
From India, Mumbai
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