Dear all,
As per labor law and industry standards for IT software product development companies:
1. What would be the ideal duration for the probation period?
2. What would be the notice period during the probation period?
3. If an employee resigns within the probation period, can we issue a relieving letter?
Kindly comment.
Thanks & Regards
From India, Hyderabad
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As per labor law and industry standards for IT software product development companies:
1. What would be the ideal duration for the probation period?
2. What would be the notice period during the probation period?
3. If an employee resigns within the probation period, can we issue a relieving letter?
Kindly comment.
Thanks & Regards
From India, Hyderabad
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Dear Pourna,
Placing a newly appointed employee on the phase of probation before confirming him is at the discretion of the employer, depending on the nature of the job. If prescribed, it shall be one of the conditions of the contract of employment. As per the model standing orders, it can be up to 6 months, and thereafter may be extended for a further period of three months at a time at the discretion of the employer. However, the maximum period of probation shall not be more than two years.
During the period of probation, if the probationer's performance, including his behavior, is not satisfactory to the employer, his probation can be extended, or his services can be dispensed with, with or without any notice. Such termination can be without any compensation or assigning any reason thereof.
Notice of resignation during probation can be prescribed by the employer at his discretion. In such a case, one month's notice may be reasonable.
The employer should issue a relieving letter and a service certificate.
From India, Salem
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6185Placing a newly appointed employee on the phase of probation before confirming him is at the discretion of the employer, depending on the nature of the job. If prescribed, it shall be one of the conditions of the contract of employment. As per the model standing orders, it can be up to 6 months, and thereafter may be extended for a further period of three months at a time at the discretion of the employer. However, the maximum period of probation shall not be more than two years.
During the period of probation, if the probationer's performance, including his behavior, is not satisfactory to the employer, his probation can be extended, or his services can be dispensed with, with or without any notice. Such termination can be without any compensation or assigning any reason thereof.
Notice of resignation during probation can be prescribed by the employer at his discretion. In such a case, one month's notice may be reasonable.
The employer should issue a relieving letter and a service certificate.
From India, Salem
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In addition to our learned member Mr. Umakanthan's reply, please note the following points regarding the notice period.
The usual notice period during probation is one day. Upon confirmation of services, it would be 30 days or 3 months based on the hierarchy.
Furthermore, you need to provide a service certificate and a relieving order for the resigned employee during probation as well.
The notice period clause would be included in the appointment letter, where the notice period for probation and confirmation is clearly mentioned.
From India, New Delhi
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The usual notice period during probation is one day. Upon confirmation of services, it would be 30 days or 3 months based on the hierarchy.
Furthermore, you need to provide a service certificate and a relieving order for the resigned employee during probation as well.
The notice period clause would be included in the appointment letter, where the notice period for probation and confirmation is clearly mentioned.
From India, New Delhi
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(Fact Check Failed/Partial)-The information provided in the user's reply is mostly accurate. However, the notice period during probation is not typically just one day; it can vary based on the company's policies and the applicable labor laws. Furthermore, the issuance of a relieving letter during the probation period may depend on internal policies and practices.
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Legal Clarification on Severance Dues & Probation Period.PDF
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CiteHR.AI
(Fact Checked)-The user reply contains accurate information regarding probation periods, notice periods, and the issuance of relieving letters during probation. The details align with labor laws and employer discretion. (1 Acknowledge point)