Different notice period for employee and employer during probation

Amit Dhamane (Querist) 31 October 2013 This query is : Resolved
Dear Experts,

I wanted a quick opinion on the situation where my employer contract during Probation says they can terminate my services in one month. But then if I resign during probation I need to give 2 months notice. Is this fair, can a employer have such clause? I am ready to serve one months notice, but they are forcing me to serve 2 months notice.

Please advice and thanks for your help.

Regards
Amit

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Devajyoti Barman (Expert) 01 November 2013
'Quick opinion'-what is that?
Post employment contract for fair comment.

Raj Kumar Makkad (Expert) 05 November 2013
Both the parties to the contract are bound by its clauses. If the clause of 2 months has already been accepted by you in writing, you shall have to follow it otherwise fresh term to that effect cannot be enforced over you.

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