Guys a health tech startup about Diabetes reversal is laying off around 100 folks.
Now here is the tricky thing they did.
Offer letter says that probation is 3 months.
During probation the notice period is 7 days. After probation it is 2 months
Most of these 100 folks have been in the company for more than 3 months but HR is saying that since you did not get a confirmation email that your probation period is over, you all are still in probation and only eligible for 7 days of notice instead of the 2 months.
This clause that probation will be over only via mail was not mentioned in the offer letter or email or anything else. So every one is shocked.
Is this legal?
If the probation to confirmation clause is not explicitly mentioned in the employment agreement then it is totally illegal to enforce the 7 days notice. I would suggest hiring a lawyer and collectively suing the company. Also in case people are too scared to sue, do it on your own. I am almost certain that the company will not let it go to a litigation stage
They should collectively hire a lawyer and sue the company.
Not legal at all but notice period concept itself is not enforceable in Indian courts. It’s a matter of professional ethics and not legal standing. Best recourse is to take it to court of public opinion and drive interest on social media or through labour commission of India contacts
How common is probation in big tech firms or startups, I am about to join a startup and they have probation of six months mentioned in offer letter, is it a red flag or is it pretty common.
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