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Minimum Notice period - Termination of employment

Last post July 3, 2008 02:04 AM by rajasekar. 1 repiles.
June 30, 2008 01:22 AM 1
Total Posts: 21
Join Date: October 3, 2006
Rank: Executive
Post Date: July 3, 2008
Posts: 21
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Minimum Notice period - Termination of employment

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
July 3, 2008 12:572
jigyasa
Total Posts: 49
Join Date: October 3, 2006
Rank: Executive
Post Date: July 3, 2008
Points: 245
Location: United States

Re: Minimum Notice period - Termination of employment

Greetings!

Please note the general rule governing the termination of employment.

In case of an employee is in a probation period - there is no necessity for an employee to provide one months notice period. He can terminate the employment agreement at any time.

In case of confirmation of service - an employee is required to give one month notice for Management and three months notice period for Senior Management Cadre employees.

I hope my inputs will add value.

Regards,

Jigyasa
July 3, 2008 02:043
rajasekar
Total Posts: 57
Join Date: October 3, 2006
Rank: Manager
Post Date: July 3, 2008
Points: 285
Location: United States

Re: Minimum Notice period - Termination of employment

There can't be two rule for employee and employer,

as per your organisations clause during probation, company can terminate without notice and reason, if so the same privilege is applicable to employee.

like in the period of confirmed employment both have same one month notice and with or without reason.

company and Individual both are same for law it considers both as legal persons, hence both will have same privilege or obligation.

just because we wrote some clauses in appointment order or in our service conditions that will not be able to stand in the court of law.

One sided contracts will not stand in front of court though the employee has read and signed these clauses.

I hope you understood the concept governing any contracts ( even employment contract)

regards

rajasekar
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