One sided employment contract
4 months ago
The employment contract states that the company can terminate the employee without notice during the probation period. However the employee has to give a 2 month notice period or two months salary failing that, during probation. Is this legal?
A.Dear client,
Yes the employer can terminate during the probation period without a prior notice, provided that this term is included in the agreement. Even the employee can terminate the employment, provided that it is aligning to the terms and conditions, agreement between them.
If you are doubtful about the same, let an advocate review your agreement copy before you proceed further.
Yes the employer can terminate during the probation period without a prior notice, provided that this term is included in the agreement. Even the employee can terminate the employment, provided that it is aligning to the terms and conditions, agreement between them.
If you are doubtful about the same, let an advocate review your agreement copy before you proceed further.
Helpful
Helpful
Share
A.Dear Client,
Either party may terminate the work contract during the probation period unless the contract includes a provision giving such right exclusively to either party. An employer can end an employee's employment without notice during the probation period. However, a probationer has to give notice before leaving the job during the probation period. The Employer who prefers to terminate an employee immediately pays the dues in lieu of the notice. This is the amount they'd pay the employee if they performed their duties during a notice period. A probationer is not considered a workman and the service of a probationer can be ended by the employer with or without any prior notice and such termination doesn't amount to curtailment under the Sub-section (oo) of Sec.2 of the Industrial Disputes Act, 1947.
Either party may terminate the work contract during the probation period unless the contract includes a provision giving such right exclusively to either party. An employer can end an employee's employment without notice during the probation period. However, a probationer has to give notice before leaving the job during the probation period. The Employer who prefers to terminate an employee immediately pays the dues in lieu of the notice. This is the amount they'd pay the employee if they performed their duties during a notice period. A probationer is not considered a workman and the service of a probationer can be ended by the employer with or without any prior notice and such termination doesn't amount to curtailment under the Sub-section (oo) of Sec.2 of the Industrial Disputes Act, 1947.
Helpful
Helpful
Share
Read Related Answers
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client,
Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
Regarding obc NCL reservation
Dear Client,
There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
Contractual Employer deducting PF
Dear Client,
the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
Pf overlapped and now jobless
Dear Client,
Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
Employment advice
Dear Client,
A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
