See even not confirmed after probation notice period for probation have to be give to the employee if in the termination in meaning of this clause in the agreement. Give notice to company seeking notice period or alternatively pay for the notice period. You on notice they fail you have to recover same amount by way of suit.
Probation and termination of employment
Indian IT Corporates have a standard Probation period and the Employment Agreement states that "the continuity of employment is dependent on the confirmation of employment" post probation. On the other hand, Termination Clause stipulates a notice period both during probation and after confirmation (for both parties). What happens if the employee is not given confirmation after probation, as asked to leave without notice period or notice pay?
Asked 6 years ago in Labour
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9 Answers
You can approach to labor commissioner. Confirmation is in the hand of employer but honoring notice clause is must. Either allow notice period or payment in lieu of notice period.
It it is necessary to peruse employment agreement
2) It's the company's choice whether to confirm you. Until the confirmation is given in writing you are on probation, unless your standing orders says otherwise.
3) you are entitled to notice pay as per terms of your appointment letter
Your appointment in the company is governed by the clauses of your appointment letter it is required that the confirmation will come only after the provision is complete and in both the cases where the resignation or termination is effective both the parties have to to go as per the agreed terms of notice period if company is terminating the employee and there is any notice period requirement then company has to pay the salary in lieu of the notice period or it is vice versa
It depends on terms of offer letter of no confirmation is given after probation period if may be taken as deemed confirmation also. But they are bound to give you notice pay
The agreement must mention this aspect also. Well, the company will not keep you if they are not satisfied after the probation period. After the end of the probation period you would be asked to leave as you cannot be considered to be in employment.
Regards
The employment offer letter conditions are to be observed since one has signed it at the time of joining the job.
If the employer terminates without any valid reason or if it is felt that this is an unjustified action and aggrieved over the same the aggrieved party can approach high court with a write petition if he is not coming under the labor laws.,
This is a sort of termination of service and can be challenged in court of law.
Dear Sir,
You may raise the issue with labor commissioner and under Section 12 of Industrial Dispute Act he will decide the matter failing which he has powers to refer the dispute to the Industrial Tribunal through State Government.
