Termination Of Employee During Probation Period Pdf Download - CiteHR
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Dear Somu,
I am at delhi,
Can you suggest me any corporate lawyer I am being insisted to resign from company and since last 10 days I was not allowed to enter into office, despite that in the begining of the month itself, I was issued a letter the first in whole tenure of mine in copmany directing me to be transferred to HR Department from September whereas I was working there since february of this year, and the designation was also reduced from Secretary to VP HR to HR Assistant and when I objected they removed me from office. No kind of negetive or positive letter was issued to me.
pls help me to sort out.
contact no. 9818842402
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Dear Manish,
I have no idea about the Corporate Lawyer in Delhi ,
But getting a corporate Lawyer is not a big issue, YOu can discuss your problems with Any Lawyer and ask him to refer to any good or talented Corporate Lawyer
Or else you can go yellow pages, WEbsite, Call to any customer care number 3333333 etc, iam not sure whats the number in Delhi
Hope this info will help you
If possible update me...
Somu Shekar

Hi All,
In This Concern..We can always see only employer is taking an advantage ...
of hiring and terminating
Why is an employee is not able to take action during his termination, yes its only because lack of information ...
Is employee having a rights to his justice ..Viiewers and Member if you go through this topic many members were suffered with out solution with unslolved querries..
Can we give more light to this post...
Knowledeg grow when its shared...
With Regards,
Somu Shekar
Hi Everyone!

There is a huge gap between what is written(in laws and company policies) and what is practiced.

There are laws which provide us with teeth to take care of erring employers and then on the other hand there is the problem that the case is not resolved soon. By such time the employee looses steam and does not have the patience to go on.

It is for the employee(now ex-employee) to choose whether he/she wants to carry on with it (since the legal expenses will be mounting not forgetting the hassels of appearing when summoned from the court).

Most of the employees or rather ex-employees do not want to carry on due to such reasons. Only if the time time lag between submitting a case and its redressal reduces can people opt for speedier justice.

In those cases wherein employees are forced to resign, they don't leave alone. They leave with the best because an atmosphere of uncertainty, doubt, mistrust and a fear of losing their jobs is created. When such a thing happens employees prefer to leave when the going is still good. At the end of the day people do not quit companies but they leave their bosses.

As HR Managers our condition is precarious because we have to do what is asked(even though the implications may be catastrophic). We tread on thin ice as we have to inform the Top Management of the fallout and at the same time have to sometimes deal with their inflated egos.

MY MANTRA FOR AN HR MANAGER/HR PROFESSIONAL:-(This should help in solving most HR problems)

The only solution to this is to have an open system of communication; a legally binding contract which mentions all terms and conditions, also the rights and responsibilities of both the parties very clearly and what will be done in case of a default by the erring party;

and clear guidelines of what will be followed and last but not the least an honest approach because honesty is not the best policy but the only policy which can be followed.

However, this can be done at a pre damage state alone.

Once the damage is done only corrections/amendments can be made to do damage control. Again in this stage too, open communication will help to resolve the problem.

There are times when an HR professional has to make a decision which is non-populist in nature. Stand firm as long as you believe in it(that it is ethical). Always back it up with reason and logic. Remember that trust begets trust, and that you may have to work hard to make the management buy this.


Dear Mr. A.K. Sharma,
Thanking you for writing such decision of the court. Kindly give me details of the judgement and Court details. so, i can update in my case. Kindly give me your contact number so, i can contact with you in this case.
thnaking you
Basudeva Choudhury
Mobile no. 9891430567
Dear Somu,
I have not received any reply from your side. As you have mentioined that I should contact with any Legal advisor , this is too difficult for me. because this is too costlier and I have to pay the professinal fee. How I earn? kindly provide me informatioin in this matter as possible as early. Now the status of the case is employer has not attended at the Conciliation proceeding and case transfered to Labour Court.
I hope your reply soon.
Basudeva Choudhury
Mobile no. 09891430567
I Agree with Madhava. Even though the employee is in his/her probation period, as HR personnels, we better give them a chance to improve themselves first by verbal warning and later by written notice stating the period of days where he will be put on observation and monitored keenly. Even then if we find there is no improvement in their performance, then we can go ahead with the termination.
But by considering their future and also not to send negative ideas to the rest of the employees against the management, we better insist him to resign to his positon rather then we terminating. If he creates any problem with out resignation, the final option is termination.
Sirisha Reddy
I would like to ask all of you, if an employee is proper in work and efficiency but he fails to coop up with his/her fellow colleague, then also is it possible to terminate him or ask him to leave on his own will.
whereas he has performed well and all his work is being performed 90%.
I have recently heard a decision of Supreme Court that an employee even he is on Probation, cannot be given termination without giving him opportunity of being heard.
Can anyone give more clarity both on the part of employer as well as on the part of employee.
it is urgent.
Hi, i thing first we have to findout , what is the problem? why he is not able to perform? if required we can provide tranning , after than we can analysis the performance. Regards Prakash
as you say he is good performer, first find out he/her problem and sort it. don't think of termination first.
why don't you think other may have given worng complaint ( working politics) because he is good performer.
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