Question:

What are the rights of employee in India?

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When his boss forces him to quit within the probation period after gaining knowledge and documents necessary for his (the boss's) project so as to implement it himself and not give the credit to the employee.

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  1. If there was no prior agreement with regard to minimum number of days/months working period binding both parties & after which only the either of the parties could at its free will leave the employment or discontinue the services of the employee as the case maybe. If there was a prior probation period agreement wherein either of the parties could discontinue the employment/service at free will then to discontinue the employment of the employee the boss has done nothing wrong. Even otherwise to utilize the knowledge of his or her employee for achieving his or her goal the boss is free to do so if no prior agreement with regard to a sort of copyright in favor of the employee to share his or her knowledge or art or any information existed between them, wherein the boss could not use that knowledge or art or information for his or her personal gain without the permission of the employee who provided it to him or her. This Intellectual Proprietary right comes in picture only if these were part of the employment agreement wherein the employee had such rights in his or her favor registered or made clear to the employer not to be used without the permission of the employee anytime by any means. If the employer uses the knowledge of the employee for getting his job completed without acknowledging the contribution of the employee it’s his or her priority for which employee cannot object or claim any legal relief.

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