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Minimum Notice period - Termination of employment
Human Resources » Attrition and Retention


Chrm Message From: troger Total Posts: 18 Join Date: 03/10/2006
Rank: Executive Post Date: 30/06/2008 01:22:44 Points: 90 Location: United States

Hi All,

I wanted some information on Notice Period on termination which is generally applicable for an employee while he is in probabtion and while one gets confirmed.

In my organisation we have a clause which is as below:

Termination:
Your employment may be terminated as under –

I. During the probation period( 6mths), the company may terminate the employment agreement at any time without notice, with or without cause.

II. During probation period, you may terminate the employment agreement, upon 30 days prior written notice.

III. Upon your confirmation, either party shall be free to terminate the employment agreement at will and at any time, with or without cause, upon thirty days prior written notice by the party desirous of terminating this employment agreement or payment of
equivalent salary in lieu thereof.

Please let me know if this is according to the general practice / Law

I look forward to receive help on the above matter.

Regards

Roger

Chrm Message From: raghu Total Posts: 35 Join Date: 03/10/2006  
Rank: Executive Post Date: 03/07/2008 00:49:23 Points: 175 Location: United States

Hi,

Clauses 1 and 2 must have the same tenor. Employer can not say that he will terminate with no notice and cause wheras the employee has to give 30 days (or what ever - even one day ) notice.

The clause must be mutual. Otherwise it will not stand the test of law as it is discriminatory and not in the interest of the employee.

Anything that is unfair and unjust - particularly to the weaker party - (in the case of employment contracts the employee is almost always the weaker party)will not be accepted in courts as it is not equitable.

Regards,

Raghu

Chrm Message From: shaolin Total Posts: 23 Join Date: 03/10/2006  
Rank: Executive Post Date: 03/07/2008 00:52:09 Points: 115 Location: United States

Dear roger,

I dont think the clause in the 3d point will be accept by the law

Because in your company there is a Employment agreement or i can say that Service agreement

insited of this clause you can just frame that if company finds that your performance or conduct or not satisfactory then you can be terminated.


I can give brief details but if you can just tell about ur Agreement

and whether this clause is in the appoinment letter or agreement

thanks. bye

Take care
shaolin

Chrm Message From: alexboud Total Posts: 19 Join Date: 03/10/2006  
Rank: Executive Post Date: 03/07/2008 00:53:56 Points: 95 Location: United States

In case of Probation Period :-

By inserting a clause like that, the employer can dispense with the services of an employee. But at the same time it should be bonafide otherwise it can also be challenged sometime.

An employer cannot ask an employee to give 30 days notice, before leaving, during probation period unless the employer himself is not bound by that.

In case of Confirmation :-

An employer cannot simply terminate the services of a confirmed employee just by inserting a clause of 30 days notice. The same is challengeable if due enquiry procedure is not adopted by the employer while dispensing with the services of an employee. Such a clause may have the salutory effect upon an employee but the same has no value in eyes of law.

Thanks,

Alex Boud

Chrm Message From: bish-noi Total Posts: 23 Join Date: 03/10/2006  
Rank: Executive Post Date: 03/07/2008 00:55:45 Points: 115 Location: United States

Hi,

Within probation period the termination is usally within 24hrs.

But you already have a clause in the offer letter

"During probation period, you may terminate th employment agreement, upon 30 days prior written notice."

However if this is a integrity issue you will be bale to so by sending an employee on "Gurdian Leave".

Hope this helps.

Bishnoi


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