Hello,
I have two major queries as of now:
1. Is it necessary to serve the notice period while the candidate is in the probation period?
2. If the notice period is served, will the candidate get the documents?
Please help me with this as soon as possible.
From India, Indore
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2I have two major queries as of now:
1. Is it necessary to serve the notice period while the candidate is in the probation period?
2. If the notice period is served, will the candidate get the documents?
Please help me with this as soon as possible.
From India, Indore
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Please read and understand the Termination Clause of your company. If your company requires a Notice Period to be served during the Probation Period, then you have to serve the Notice Period. If it does not, then you do not have to serve it. With regards to documents, you will get them once you have a smooth exit from the company after adhering to all the exit formalities.
From India, Ahmadabad
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From India, Ahmadabad
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Hi Saji,
Thanks for replying. I have a clear understanding that the candidate will not be given any certificate since he/she is leaving the company without notice period. However, please note the conditions of my company as follows:
1. One-month notice period for certificates.
2. Six months probation period.
Now, my question is: Does the candidate need to give one-month notice period during the probation period as well?
From India, Indore
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Thanks for replying. I have a clear understanding that the candidate will not be given any certificate since he/she is leaving the company without notice period. However, please note the conditions of my company as follows:
1. One-month notice period for certificates.
2. Six months probation period.
Now, my question is: Does the candidate need to give one-month notice period during the probation period as well?
From India, Indore
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(Fact Checked)-The candidate must serve the notice period during probation if specified in the employment contract. Certificates may be withheld if notice period not served. (1 Acknowledge point)
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ADD ON TO PREVIOUS COMENT Not as per My company Norms but as per in General Norms.
From India, Indore
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From India, Indore
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I fail to understand whether this query is for you, your friend, or just for knowledge's sake. In general, most companies do not ask for notice period during probation, but they provide a relieving letter upon exit.
From India, Ahmadabad
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From India, Ahmadabad
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As per general legal law, no need to give NP. If u are confirmed once by proper documents by employer then u need to give NP otherwise not. Any employee can leave company any time in PB Period.
From India, Mumbai
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From India, Mumbai
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Hello Arpan,
Thanks for replying.
Also, to my knowledge, if anyone leaves within the probation period, he/she will not be rewarded with an experience certificate or any certificate like a relieving letter, right?
From India, Indore
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Thanks for replying.
Also, to my knowledge, if anyone leaves within the probation period, he/she will not be rewarded with an experience certificate or any certificate like a relieving letter, right?
From India, Indore
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No company will give you a relieving letter and experience letter by mentioning that you were on probation and that you worked for 6 months or less. I think there is no need for any letter if you leave in PB because it is not useful in other industries. No one considers such a type of letter.
From India, Mumbai
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From India, Mumbai
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During the probation period, only 24 hours of notice is required. On the very next day, a probationer can be relieved from the company if he submits a resignation letter. However, as a general principle, a person who resigns from the company during the probation period will not be entitled to receive any certificates from the company, except a resignation acceptance letter.
Thanks,
R. K. Nair
From India, Aizawl
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Thanks,
R. K. Nair
From India, Aizawl
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Thank you so much for the valuable suggestion, but I have one query that has arisen. On which act is it mentioned that an employee needs to give a Notice Period during Probation?
It totally depends on company policy, and I don't think any big firm asks for a notice period during probation. I am working in an MNC as a Senior Executive HR & Compliance, but I didn't ask for a Notice Period during Probation.
I heartily invite suggestions from seniors if there is any clause related to this.
From India, Mumbai
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It totally depends on company policy, and I don't think any big firm asks for a notice period during probation. I am working in an MNC as a Senior Executive HR & Compliance, but I didn't ask for a Notice Period during Probation.
I heartily invite suggestions from seniors if there is any clause related to this.
From India, Mumbai
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Diya,
It is necessary to serve the Notice Period if a candidate accepted such terms in the employment agreement, even in the probationary period.
If the Notice Period is served, it is the duty of your organization to grant the experience certificate and relieve order, even if it's the probationary period.
If the Notice Period is not served, you shall grant only the experience certificate, but not the relieve order, if it is not mutually agreed upon for early relieve. However, it is at the discretion of your company.
If the Notice Period is not served, you have to grant the experience certificate and relieve order if mutually agreed upon for early relieve.
Thank you.
From India, Chennai
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It is necessary to serve the Notice Period if a candidate accepted such terms in the employment agreement, even in the probationary period.
If the Notice Period is served, it is the duty of your organization to grant the experience certificate and relieve order, even if it's the probationary period.
If the Notice Period is not served, you shall grant only the experience certificate, but not the relieve order, if it is not mutually agreed upon for early relieve. However, it is at the discretion of your company.
If the Notice Period is not served, you have to grant the experience certificate and relieve order if mutually agreed upon for early relieve.
Thank you.
From India, Chennai
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Dear Mr. Arpan,
Thank you so much for the valuable suggestion, but I have one query: on which act is it mentioned that an employee needs to give a Notice Period during Probation? It totally depends on company policy, and I don't think any big firm asks for a notice period during Probation. I'm working in an MNC as a Senior Executive HR & Compliance, but I didn't ask for NP in PB. I heartily invite suggestions from seniors if there is any clause related to this.
As Adv. Manoj has rightly said, there is no hard and fast rule or mention in any act that a Notice Period is required during the Probation Period. It is a general practice widely accepted by companies not to serve a Notice Period during Probation. Apart from that, if a company wishes to waive off the probation, no one will stop you from doing so. Similarly, if the company wishes their employee to serve a Notice Period during Probation, they can. I hope this clarifies the doubt.
Thank you.
From India, Ahmadabad
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Thank you so much for the valuable suggestion, but I have one query: on which act is it mentioned that an employee needs to give a Notice Period during Probation? It totally depends on company policy, and I don't think any big firm asks for a notice period during Probation. I'm working in an MNC as a Senior Executive HR & Compliance, but I didn't ask for NP in PB. I heartily invite suggestions from seniors if there is any clause related to this.
As Adv. Manoj has rightly said, there is no hard and fast rule or mention in any act that a Notice Period is required during the Probation Period. It is a general practice widely accepted by companies not to serve a Notice Period during Probation. Apart from that, if a company wishes to waive off the probation, no one will stop you from doing so. Similarly, if the company wishes their employee to serve a Notice Period during Probation, they can. I hope this clarifies the doubt.
Thank you.
From India, Ahmadabad
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Dear All,
It totally depends on the company policy. The probation period is the tenure that we need to complete to avail various benefits associated with the roles assigned. Although the industry standards are 6 months, we see a tenure between 3-6 months, respectively.
Regarding questions related to the notice period, if it is not mentioned in the offer letter or the appointment letter, the employee can give a 24-hour notice and leave the assigned roles. However, this may again depend on the kind of responsibility assigned to the employee. In cases of instant resignation, the reason can be considered, for example, if it is an emergency, and accordingly, a decision can be made by the immediate supervisor.
Thanks and regards
From India, Mumbai
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It totally depends on the company policy. The probation period is the tenure that we need to complete to avail various benefits associated with the roles assigned. Although the industry standards are 6 months, we see a tenure between 3-6 months, respectively.
Regarding questions related to the notice period, if it is not mentioned in the offer letter or the appointment letter, the employee can give a 24-hour notice and leave the assigned roles. However, this may again depend on the kind of responsibility assigned to the employee. In cases of instant resignation, the reason can be considered, for example, if it is an emergency, and accordingly, a decision can be made by the immediate supervisor.
Thanks and regards
From India, Mumbai
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Navan Navanee;
The company does not reserve the right to hold certificates in its custody firstly. The company shall verify the originals and return them back to the candidate as soon as the verifications are done. So, this 10-month period itself is long and illegitimate. I request the company to return the originals; otherwise, I will approach a lawyer to redeem them.
From India, Chennai
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The company does not reserve the right to hold certificates in its custody firstly. The company shall verify the originals and return them back to the candidate as soon as the verifications are done. So, this 10-month period itself is long and illegitimate. I request the company to return the originals; otherwise, I will approach a lawyer to redeem them.
From India, Chennai
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Interesting that we have been discussing notice periods during probation and the gray area that exists... but here is an interesting aspect that I would like to address.
Why is there a need for this gray area to be addressed today? Why is your joining letter/letter of appointment, or whatever you wish to call it, not complete? Why does it not address the probation period? Most good organizations have a separate clause addressing this issue. There are, of course, quite a few others who prefer to leave gray areas in their contracts to give them some leverage for arm-twisting at a later stage.
I think you need to relook at the contracts you provide and try to remove these gray areas... because many times these gaps can create "bad" ripples and have a tendency to take away a lot of your time and energy.
Cheers
From India, Delhi
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Why is there a need for this gray area to be addressed today? Why is your joining letter/letter of appointment, or whatever you wish to call it, not complete? Why does it not address the probation period? Most good organizations have a separate clause addressing this issue. There are, of course, quite a few others who prefer to leave gray areas in their contracts to give them some leverage for arm-twisting at a later stage.
I think you need to relook at the contracts you provide and try to remove these gray areas... because many times these gaps can create "bad" ripples and have a tendency to take away a lot of your time and energy.
Cheers
From India, Delhi
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Hi Kulsh,
The probation period in my company is 6 months. Can you help me with the salary issues regarding resignation during the probation period? If the company's termination clause states the following:
1. One month notice by either side.
2. Company will not pay salary for that month if notice period is not served.
Both points are logically linked, but there is no mention in the offer letter that the notice period needs to be served after or during the notice period with respect to point 1.
So, is the candidate entitled to receive salary or not?
Thank you.
From India, Indore
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The probation period in my company is 6 months. Can you help me with the salary issues regarding resignation during the probation period? If the company's termination clause states the following:
1. One month notice by either side.
2. Company will not pay salary for that month if notice period is not served.
Both points are logically linked, but there is no mention in the offer letter that the notice period needs to be served after or during the notice period with respect to point 1.
So, is the candidate entitled to receive salary or not?
Thank you.
From India, Indore
Acknowledge(0)Amend(0)From India, Ahmadabad
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(Fact Checked)-[response] The employee is generally required to serve the notice period during probation unless otherwise specified. Lack of clarity in the termination clause may benefit the employee legally. (1 Acknowledge point)
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That's exactly what I was referring to about intentionally having grey areas in the offer letter. Let's 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 the notice period during Probation, yet a clause in the offer letter mentions the 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 someone, 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
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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 the notice period during Probation, yet a clause in the offer letter mentions the 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 someone, 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
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Hi rknair,
It is not stated in the offer letter whether the NP has to be served after or during PB. The sequence of clauses is as follows:
1. One month NP by either side.
2. If NP is not served, no salary.
From India, Indore
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It is not stated in the offer letter whether the NP has to be served after or during PB. The sequence of clauses is as follows:
1. One month NP by either side.
2. If NP is not served, no salary.
From India, Indore
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Hi saji, The employee has left the Co. After 2 months with fairly transfering the duties to managers.
From India, Indore
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From India, Indore
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Hi kulsh, Your analysis is great .... I will seak some more openions from you and with others too. For the same I will atach the original page of the clauses.
From India, Indore
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From India, Indore
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Hello all,
I apologize for not being able to attach the page. From the perspective of kulsh, we can observe that the company has made a manipulative offer letter. With respect to the same, one cannot only get the salary for that month but the employee can also blame the company since it is not stated in the offer letter about surviving NP during PB. As per general laws and to my knowledge, no employee is required to survive NP during PB, which can even be applicable in my company's case too.
I hope I have articulated my question in a way that is understandable to everyone.
From India, Indore
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I apologize for not being able to attach the page. From the perspective of kulsh, we can observe that the company has made a manipulative offer letter. With respect to the same, one cannot only get the salary for that month but the employee can also blame the company since it is not stated in the offer letter about surviving NP during PB. As per general laws and to my knowledge, no employee is required to survive NP during PB, which can even be applicable in my company's case too.
I hope I have articulated my question in a way that is understandable to everyone.
From India, Indore
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In every company, an appointment letter or offer of appointment is given to the employee prior to joining the services of the company. In that letter, it is clearly mentioned: "You shall be on probation for -- months. During the probation period, your services can be terminated by the company without any notice or salary in lieu of the notice period. After successfully completing your probation period, your services shall be confirmed by the management in writing. After confirmation of services, both parties can terminate the contract by giving one month (or three months) notice period or salary in lieu of the notice period."
In my opinion, if a confirmation letter in writing is not given to the employee, then it shall be deemed that the employee is on probation. During the probation period, no notice is required to be served. This is the principle that is generally observed and followed. Manipulation of records is only the other side of the coin.
Thanks,
R K Nair
From India, Aizawl
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In my opinion, if a confirmation letter in writing is not given to the employee, then it shall be deemed that the employee is on probation. During the probation period, no notice is required to be served. This is the principle that is generally observed and followed. Manipulation of records is only the other side of the coin.
Thanks,
R K Nair
From India, Aizawl
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Hello rknair, How about salary of probation period if left the company without NP during PB.
From India, Indore
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From India, Indore
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According to the general rules followed in standard companies, salaries are to be given to the departing employee, prorated to the number of days he/she worked in the company, and NP during PB (notice period) not applicable to him/her. You can also issue a resignation acceptance letter and F&F settlement copy if he submits a No Due Certificate from all concerned departments with whom he was required to contact during his service. No service certificate/experience certificate is issued to employees who serve less than 1 year. I trust this clarifies all your doubts.
Thanks,
R K Nair
From India, Aizawl
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Thanks,
R K Nair
From India, Aizawl
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Notice Period Extension Letter Format.doc
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(Fact Checked)-The user reply is correct. Thank you for providing helpful guidance. (1 Acknowledge point)