Hi Everyone, I would like to know, what will be the notice period if an employee want to leave the job in his/her probation period?? Regards, Asna.....
From India, Hyderabad
Acknowledge(0)
Amend(0)
21From India, Hyderabad
Acknowledge(0)Amend(0)
Refer to the Bombay Shops and Establishments Act, 1948.
Section 66: Notice of termination of service
No employer shall dispense with the services of an employee who has been in his continuous employment:
a) for not less than a year, without giving such person at least thirty days' notice in writing, or wages in lieu of such notice;
b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice;
c) Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct.
Explanation: For the purposes of this section, "misconduct" shall include:
a) absence from service without notice in writing or without sufficient reasons for seven days or more;
b) going on or abetting a strike in contravention of any law for the time being in force; and
c) causing damage to the property of his employer.
If you still have any doubts, consult your Labor Consultant or your PF Consultant for more clarity on the same.
Regards
From India, Thana
Acknowledge(0)Amend(0)
Section 66: Notice of termination of service
No employer shall dispense with the services of an employee who has been in his continuous employment:
a) for not less than a year, without giving such person at least thirty days' notice in writing, or wages in lieu of such notice;
b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice;
c) Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct.
Explanation: For the purposes of this section, "misconduct" shall include:
a) absence from service without notice in writing or without sufficient reasons for seven days or more;
b) going on or abetting a strike in contravention of any law for the time being in force; and
c) causing damage to the property of his employer.
If you still have any doubts, consult your Labor Consultant or your PF Consultant for more clarity on the same.
Regards
From India, Thana
Acknowledge(0)Amend(0)
Thank you for the information, Mr. Ajit. Is this applicable for all companies irrespective of their domains/sectors? Or, will such policies differ from company to company depending on their framed regulations?
Regards,
Asna
From India, Hyderabad
Acknowledge(0)Amend(0)
Regards,
Asna
From India, Hyderabad
Acknowledge(0)Amend(0)
It is mandatory for all commercial establishments to register with the local Municipal authority and obtain a GUMASTA License.
If your firm is registered with the local Municipal authority and has been issued a GUMASTA License, then I believe all regulations stipulated in the Shop and Establishment Act would apply to your organization. You should consult a labor law expert or your PF consultant and also obtain a latest copy of the Shop and Establishment Act for more clarity.
Regards,
From India, Thana
Acknowledge(0)Amend(0)
If your firm is registered with the local Municipal authority and has been issued a GUMASTA License, then I believe all regulations stipulated in the Shop and Establishment Act would apply to your organization. You should consult a labor law expert or your PF consultant and also obtain a latest copy of the Shop and Establishment Act for more clarity.
Regards,
From India, Thana
Acknowledge(0)Amend(0)
Your company's HR Policy manual should clearly define the procedures and guidelines for such cases. If it does not, then you should take the initiative to establish the necessary procedures and guidelines so that future cases of a similar nature can be handled appropriately. When defining these procedures, it is essential to exercise extreme caution and sensitivity towards local labor regulations. Consulting a labor expert would be the appropriate course of action.
Regards,
From India, Thana
Acknowledge(0)Amend(0)
Regards,
From India, Thana
Acknowledge(0)Amend(0)
Dear friend The noticwe period will not be applicable for probationary and trainee employees. Regards Alphonse
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
This should be an item specified in your employee induction manual, but for information, the following:
Probationary employees are only subject to a 24-hour notice.
Permanent employees:
- During the first month, 24-hour notice
- During the second and third month, one week notice
- During months 4 to 6, two weeks notice
- Longer than 6 months, one calendar month notice
From South Africa, Pretoria
Acknowledge(0)Amend(0)
Probationary employees are only subject to a 24-hour notice.
Permanent employees:
- During the first month, 24-hour notice
- During the second and third month, one week notice
- During months 4 to 6, two weeks notice
- Longer than 6 months, one calendar month notice
From South Africa, Pretoria
Acknowledge(0)Amend(0)
Dear Sir,
Normally, in the probation period, there is no notice period. The employer can terminate any probationer without notice. Similarly, an employee can also quit at any time without notice with simple intimation to management.
In case the probation appointment order stipulates giving one month's notice, one should provide notice and quit the job after one month or make a payment of one month's salary in lieu of notice.
D. Gurumurthy
LL, HR & IR Consultant
From India, Hyderabad
Acknowledge(0)Amend(0)
Normally, in the probation period, there is no notice period. The employer can terminate any probationer without notice. Similarly, an employee can also quit at any time without notice with simple intimation to management.
In case the probation appointment order stipulates giving one month's notice, one should provide notice and quit the job after one month or make a payment of one month's salary in lieu of notice.
D. Gurumurthy
LL, HR & IR Consultant
From India, Hyderabad
Acknowledge(0)Amend(0)
I have not received any official appointment letter from this company and have worked only for 11 days. Due to a message that was communicated to my superior by one of my friends in an inappropriate manner, my boss asked me not to come to work as he has already processed my termination. I worked for 11 days in this company, and when I went to meet HR, I was told that they have shown me as absconding. I was shocked to hear that. While explaining about the message sent by my boss, HR said that I should have come and met them much earlier. I worked from 29th Jan to 11th Feb. The message was sent to me by my boss on 14th Feb, asking me not to come to work. When I had informed through SMS that I am unwell and hence unable to report to work, I will submit my resignation, to which boss replied, "you don't have to come" as he has already processed your termination. Now they are saying because I was abandoning, they will not pay me my 11 days' salary. Please advice or help me to know how I can get this 9000 Rs as this money means a lot to me. I need it for a medical emergency very badly. Thanks. - Anonymous
From India
Acknowledge(0)Amend(0)
From India
Acknowledge(0)Amend(0)Gathering data for an AI comment.... Sending emails to relevant members...
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Notice period.jpg
Notice Period Extension Letter Format.doc