• Notice period

Can an employer keep notice period for an employee for a fixed period whereas he can fire him during probation without notice. Also put a clause that if employee leaves during this fixed period due to personal reasons Hejaz to pay 3 months salary as administrative charges .Is this type of notice period valid in India.
Also at the same time he is not paying employee regular monthly salary.
What legal option does employee have.
Asked 2 years ago in Labour from Noida, Uttar Pradesh
1) in probation period company can terminate without assigning any reason, but for that appointment letter must contain such a clause  

2) in case you have agreed that in the event you resign during probation period you shall pay 3 months salary it would be binding upon you 

3) For unpaid salary, approach the Labour Commissioner who will help re-concile this matter with the company. If no solution is reached, the Commissioner will hand over the matter to the Court, whereby the employee can make an application to the Labour Court under Section 33 (C) of the Industrial Dispute Act, 1947. 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

1. There are two separate issues in your case.one is the notice period and the other is the non payment of salary regularly. The issues are to be dealt with separately,

2. Probationary period is most vulnerable period since the person is yet to become permanent employee of the organisation,

3. The terms and conditions mentioned in the appointment letter accepted by the employee is important in such cases,

4. The employee can terminate the said employee on certain disciplinary grounds and not arbitrarily and the employee can leave after paying the stipulated administrative cost ascertained as 3 months salary by the company,

5. Here the employee is not giving notice but paying the administrative cost only,

6. The employee can ask for compensation if he is terminated arbitrarily without any valid ground,

7. If aggrieved, the employee can lodge a complaint case before the local labour commissioner. 
Krishna Kishore Ganguly
Advocate, Kolkata
18410 Answers
447 Consultations

5.0 on 5.0

1. Yes this can be done. The employee may be a probationer but this does not prevent the employer from incorporating a notice period in the contract to which the employee would then be subject. 

2. If the employee is not being paid his salary then he can file a lawsuit for recovery of money against him in the court to recover the principal amount with compensation.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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