probhation period at employment
8 months ago
The company probation period is 4 months, and the offer letter says 2 months of notice is mandatory, and it also says we can terminate without notice if the service is not up to the mark. My question is, I have resgined around the 6th of the month asking for a notice period until the 31st of the month. What does the law say about notice period during probhation period
A.Dear Client,
A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations are not applicable to the probationer to regulate or resolve the dispute between a probationer and an employer. The only law in India that deals with probation is the Industrial Employment Standing Order Act, 1946, which applies to any organization or company with at least 100 active permanent employees at any point of time. Any agreement point or term or condition of employment of a probationer cannot override the Standing orders laid down in the Industrial Employment Standing Orders Act, 1946. In the absence of certified standing orders, the model standing orders are being followed. A 30 days notice either from the employee or employer for cessation of employment is required in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders.
A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations are not applicable to the probationer to regulate or resolve the dispute between a probationer and an employer. The only law in India that deals with probation is the Industrial Employment Standing Order Act, 1946, which applies to any organization or company with at least 100 active permanent employees at any point of time. Any agreement point or term or condition of employment of a probationer cannot override the Standing orders laid down in the Industrial Employment Standing Orders Act, 1946. In the absence of certified standing orders, the model standing orders are being followed. A 30 days notice either from the employee or employer for cessation of employment is required in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders.
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