Dear team, I attached a appointment letter for your reference please look at this and guide me for further steps.
I would like to know that if one employee is in probation period then employer can fire him/her on the basis or performance.
2. In appointment letter there is a clause that employee have to serve notice before leaving the job during probation period?
3. If employer do not want employee to serve notice then at this situation the employee will be entitled for the salary of his/her notice period duration?
Your support will be highly appreciated.
From India, Muzaffarpur
I would like to know that if one employee is in probation period then employer can fire him/her on the basis or performance.
2. In appointment letter there is a clause that employee have to serve notice before leaving the job during probation period?
3. If employer do not want employee to serve notice then at this situation the employee will be entitled for the salary of his/her notice period duration?
Your support will be highly appreciated.
From India, Muzaffarpur
1. Probation period is the time given by the Employer to employee to understand his job, understand company policy & procedure, culture and environment in an organization. It is also the time taken by employee, to understand his job description, understand his department, hod and other colleagues. During probation period employee can make mistakes and rather than firing, employer need to counsel the probationer and slowly induct him into the major responsibilities.
2. In the appointment letter a notice period of 45 days to be served irrespective of whether employee is a probationer or confirmed employee.
3. If employer want to terminate the services of employee, employer can make payment of 45 days salary in lieu of notice period.
From India, Aizawl
5842. In the appointment letter a notice period of 45 days to be served irrespective of whether employee is a probationer or confirmed employee.
3. If employer want to terminate the services of employee, employer can make payment of 45 days salary in lieu of notice period.
From India, Aizawl
Thank you very kuch sir for your help but is employer bound to pay in lieu for notice period if employer want to terminate employee during probation period?
From India, Muzaffarpur
From India, Muzaffarpur
Dear Mr. Nair,
1) Is 45 days notice period mandatory for both employee and company or a company can make a policy on it for any days...like no notice period, 1 month notice period, etc during probation?
2) Can a company make a policy like 3 months notice period mandatory for employees to leave the Org and no notice or 15 days notice period if company wishes to terminate the employees?
3) Can a company terminate an employee with good years of experience who is working for less than 6 months/ in probation without giving notice or salary in lieu of on spot?
Please give your enlightened views.
From India, Mumbai
1) Is 45 days notice period mandatory for both employee and company or a company can make a policy on it for any days...like no notice period, 1 month notice period, etc during probation?
2) Can a company make a policy like 3 months notice period mandatory for employees to leave the Org and no notice or 15 days notice period if company wishes to terminate the employees?
3) Can a company terminate an employee with good years of experience who is working for less than 6 months/ in probation without giving notice or salary in lieu of on spot?
Please give your enlightened views.
From India, Mumbai
Answer to Annonymous
1. Appointment letter is an employment contract to be entered into between Employer and Employee with such clauses to safeguard the interest of both Employer and employee.
If in the appointment letter 45 days of NP is mentioned it is bound to be applicable to both Employer and employee (If employee want to put his resignation letter, he has to serve 45 days of notice period or If employer want to terminate the services of the employee, Employer need to pay 45 days of notice salary in his F&F settlement).
2. Not advised. NP should be applicable to both Employee and Employer. But Employer can give reduced NP to employee during probation period (For ex. if the notice for separation is 3 months for a confirmed employee, you can make it as one month for probation employee with clause that if employee want to seek separation during probation period, he has to serve one month notice)
3. Termination of an employee is subject to the separation clause mentioned in the appointment letter of an employee.
From India, Aizawl
1. Appointment letter is an employment contract to be entered into between Employer and Employee with such clauses to safeguard the interest of both Employer and employee.
If in the appointment letter 45 days of NP is mentioned it is bound to be applicable to both Employer and employee (If employee want to put his resignation letter, he has to serve 45 days of notice period or If employer want to terminate the services of the employee, Employer need to pay 45 days of notice salary in his F&F settlement).
2. Not advised. NP should be applicable to both Employee and Employer. But Employer can give reduced NP to employee during probation period (For ex. if the notice for separation is 3 months for a confirmed employee, you can make it as one month for probation employee with clause that if employee want to seek separation during probation period, he has to serve one month notice)
3. Termination of an employee is subject to the separation clause mentioned in the appointment letter of an employee.
From India, Aizawl
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