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b (c)     23 April 2023

Differeent notice period for employer and employee in probation period is it valid

In appointment Letter , Co can terminate employee at any time during probation. But employee neeed to serve two month notice period during probation if employee want to resign. 

Is such uneven notice period is valid in employment contract. what is a way out to the employee if employer forcing the employee by thretening the notice period cluase. and other things.

Further Employee retain 15% of salary as a security deposit during intial 6 month , is such terms of employment valid in mahsrashtra.



Learning

 2 Replies

P. Venu (Advocate)     24 April 2023

The terms are not valid. If a workman, the remedy is in approaching the Labour Officer. Else, a civil remedy needs to be pursued, unless the appointment letter provides for arbitration.

Dr J C Vashista (Advocate)     24 April 2023

Be careful for such covenent before signing appointment letter.


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