One sided employment contract One sided employment contract

4 months ago

The employment contract states that the company can terminate the employee without notice during the probation period. However the employee has to give a 2 month notice period or two months salary failing that, during probation. Is this legal?

Abhimanyu Shandilya

Responded 4 months ago

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A.Dear client,
Yes the employer can terminate during the probation period without a prior notice, provided that this term is included in the agreement. Even the employee can terminate the employment, provided that it is aligning to the terms and conditions, agreement between them.
If you are doubtful about the same, let an advocate review your agreement copy before you proceed further.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Either party may terminate the work contract during the probation period unless the contract includes a provision giving such right exclusively to either party. An employer can end an employee's employment without notice during the probation period. However, a probationer has to give notice before leaving the job during the probation period. The Employer who prefers to terminate an employee immediately pays the dues in lieu of the notice. This is the amount they'd pay the employee if they performed their duties during a notice period. A probationer is not considered a workman and the service of a probationer can be ended by the employer with or without any prior notice and such termination doesn't amount to curtailment under the Sub-section (oo) of Sec.2 of the Industrial Disputes Act, 1947.
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Vidhi Samaadhaan Vidhi Samaadhaan

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