LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anil Kumar (N.A)     07 November 2012

Unequal Notice Period during Probation , whether Valid ?

In a public sector bank, termination provisions given in service rules given are as following: 1. during probation : a. by employer - by giving 1 month notice or pay thereof. b. by employee - no provision given in service rules. 2. otherwise : a. by employer- by giving 3 month notice or pay thereof. b. by employee - 3 month notice . kindly suggest if any employee's probation period is 1 year, bond period is 2 year and he's served for only 5 months so far. what notice Period should be applicable in?


Learning

 1 Replies

Kumar Doab (FIN)     07 November 2012

The clauses and conditions in employment contract should promote equality.

e.g.

SE Act Delhi;

30. Notice of Dismissal.—

(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice.

(2)   No   employee     who    has   put  in  three   months’    continuous    service   shall   terminate   his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

The clause 1 id for employer and clause 2 is for employee and as per plain reading of the same it can be construed that it promotes equality.

Valuable ad

vice of learned experts/members is sought.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register