Legal Question in Technology Law in India
I Work for a Private Company . I joined this Company on 25th march 2013. When I joined the Company I found that the Environment of this company is worse . So I decided to separate . As per the Company Policy I am on probation for Six Months .In the Offer Letter it is written that During Probation :
"You will be on probation for a period of six (6) months from the date of joining. During such period of probation, your
services may be terminated upon one week's notice or pay in lieu thereof, by the Company, at its sole discretion,
without assigning any reason. However, in case of misconduct or non-compliance of any company policies on your
part, your services may be terminated forthwith without any notice period by the Company."
No Where it is written that Employee will have to serve a 90 days Notice Period. Now there are saying me to serve 90 days Notice Period.
Is this Injustice where the Employer can kick me out giving me 7 days notice period and I have to give them 90 days Notice Period.
Please help if legally this is possible.
1 Answer from Attorneys
31.05.2013
Dear Sir / Madam,
If the notice period that you need to give the Company during probation is not mentioned anywhere in your letter, you can safely conclude that it is the same as the employer's notice period of 7 days notice period to quit during the probation period. The Company has no legal right to say that your notice period during probation is 90 days if there is nothing mentioned in your appointment letter.
Regards,
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