Saswatabanerjee
Partner - Risk Management
Ashoknegidi
Training Operations - Csr
Shah01ankita
Talent Acquisition / Consultant - Catalis
Puneet.sarin
Manager-legal & Finance
+1 Other

Thread Started by #amit027

Dear Sir/madam
Can employer terminate to employee in month?
Employer is giving poor performance reason to employee.
Can employee file case against employer for compensation?
Please Suggest
Regards
Amit
30th May 2013 From India, Mumbai
Pls tell the dat candidate the mgt took decision to terminate u and say him will clear all f&f ASAP. Pls go ahead as per Appointment letter
30th May 2013 From India, Hyderabad
Dear Amit,

I am sure, losing a job in a month's time when you stopped the job seeking opportunities is a difficult task. It is like giving away a trophy and then taking it away saying it was a mistake.

However please understand that there are no free lunches in this world.

Most companies do mention the recruitment, retaining and separation policies in the appointment letter (if not fully, brief enough to highlight the main points)

Kindly check your appointment letter for foll details:

1) Your probation period

2) Termination / Separation policy for either party both during probation and after confirmation.

3) Terms for separation - notice period and/or notice buy out.

Also note that any company can terminate the employment of a person on the basis of performance.

It is like a company is paying you and if you're not productive enough, you're just a cost to the company and they'd want to get rid of you.

However, many companies follow the procedure to issue a warning letter stating your low performance and giving a deadline to improve failing which the employment may be terminated. However, this also depends on the company's policy.

Again most companies follow the procedure of immediate termination / separation in probationary period, with/out communication of reason.

If the latter part is communicated in your appointment letter, I doubt there's little you can do.

Nonetheless seniors can opine if there's something that you can do.

All the best.
30th May 2013 From India, Mumbai
Hi Amit !
I endorse Ankita's view that employers got all rights to get rid off the unproductive resource. However I would like to add a few things here:
1. Its true that termination can be done on ground of poor performance but it can't be a lame excuse;
2. Proper notice period as well as compensation in case of termination is necessary else the act of employer will get covered as "Arbitrary" and without providing Reasonable Opportunity of being heard;"
3. If the job pertains a technical job with a mediocre to long learning curve then again the act of employer will become invalid
In nutshell, it can't be generalized but nevertheless it can be said that as long as the act of employer is fair and just, mot merely on face but also in action, there is not much remedy available to the terminated employee unless of-course such employee is able to rebutt this presumption convincingly.
30th May 2013 From India, Gurgaon
Dear Ankita,
Thank you for reply. I not get any appointment latter after continuous follow up. Before joining they my know my career back ground. Even they selected me and in just one month how they can do this. They gave me just half salary of next month.
What i have to do. please tell
Amit jain
31st May 2013 From India, Mumbai
Hi Amit,
In the absense of appointment letter, I think there's little we can do.
Had they put you in their attendance registry?
Ask them to give you appointment letter as well as termination letter both on company's formal letter head.
How was your job confirmed? Was that over phone or over email? Do you have any proofs of the company appointing you for desired position?
31st May 2013 From India, Mumbai
I assume you were on probation
During probation, in general companies can terminate with 1 week notice.
Some companies provide higher notice even in probation, since you do not have an appointment letter, you can not fight for higher notice pay as there is nothing to base the claim on.
The company is free to terminate you in a months time.
You can not complain of that.
If your performance did not meet the mark, why will they keep you ?
Knowing your background does not mean they will accept less than required performance unless your background indicated that you are not good in your work.
It's a bad situation to be removed from a job so soon, however, there is little you can do except look for another job immediately.
31st May 2013 From India, Mumbai
Dear Ankita,
They confirmed me by email. They maintain attendance registry. I have my own visiting card of company.
Now a days i think they will not appointment letter as well as termination letter.
So i have lots proof i was working over there.
Can i knock labor court door .
Regards
Amit Jain
1st June 2013 From India, Mumbai
I wonder what people think happens at labour courts
Do you think you can file an application and the court will order the employee to take you back ?
Any decision the labour court takes will be after 5 odd years and the company will appeal and take another 20 years. You have money to spend till then on lawyers ?
In any case, tell me on what grounds will be your "knocking" on the court ? On what grounds will you ask for relief ? And what relief will that be ? That the employer be forced to keep you on rolls just because he made a mistake of hiring you ?
1st June 2013 From India, Mumbai
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