Dinesh Divekar
Business Mentor, Consultant And Trainer
[email protected]
Finance Manager
Assistant Manager - Hr
Adv. Manoj Liyonzon
Advocate, Chennai
+3 Others

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If an employee who is in probation period(less then 3 months) and one day VP of the company calls up and tells on phone that an employee is terminated and when asked for the reason, she replies as - \"in all our Employment Agreements there is a 6 month probation period at which time either party can terminate the agreement.
As you were within this period it was our decision not to continue with the employment relationship.\"
In this case when asked for the reason by an employee, there is no reply from HR dept as well as VP of the company regarding the reason for termination
And employee is sure that he has performed well and also has the email communication from his reporting manager about his performance
Can an employee take a legal action against the employer for terminating employee without any prior notice and not providing a vaid reason for the termination?
Note:- Employers HR had forced employee to put resignation on hard copy paper and employee has signed it

From India, Mumbai
Dear Ritz799,
First thing, In your query, you have mentioned two different period. Once you have mentioned that "less than 3 months", and second time you have mentioned "6 months probation period", I think you are trying to say that the employee worked there for less than 3 months..!! Kindly clear.
Second thing, The main reason behind adding this "Probation Period" clause in the Appointment Letter, to keep the power in hand of management to terminate an employee, it may be due to any reason because the clause generally says that 'the services may be terminated without assigning any reason', and the employee is also conferred with the same power.
So, the main considerable thing here is, what is the actual clause for "Probation Period" in the Appointment Letter? And, are the Terms & Condition of employment was duly accepted by the employee..??
So, kindly provide the above details. It will be helpful for everyone before putting any comment.

From India, Delhi
Dear Ritz,
Recently there was similar post. Please check my reply to that post. The link is as below:
Dinesh V Divekar

From India, Bangalore

yes, employee has worked for less then 3 months

3 months probation as I mentioned is in the offer letter and 6 months probation are the wordings of VP - employer has played around with employee it seems as it is mis-matching according to offer letter

Employee has only got Offer letter till date from the employer, For Appointment letter employee had requested long time back, but it seems that employer was not much concerned about the same

Plus Employee has sent email to all in HR dept for the salary information for the respective month in which employee was terminated

it's been a week there is no reply from anyone, all this occurrences showcases that employee has been CHEATED

Below pasted lines are the actual terms and conditions found specific to termination query

"You will be on probation for a period of 3 months in which time either party can terminate the agreement."

"ln the event that you wish to resign, you are required to give one month's notice or one

month's pay in lieu thereof failing which relieving letter & documents will not be provided."

Here in above line employer has terminated but has not provided any notice period to employee nor has promised about one month's pay

"lt is agreed that any dispute of whatsoever nature between you and management will be

iA subject to the jurisdiction of the courts of the registered office of the company whether they

be civil courts, labor courts, lndustrial Tribunals or any other courts or authority of

whatsoever nature."

"ln the event that you wish to resign, you are required to give one month's notice or one

month's pay in lieu thereof failing which relieving letter & documents will not be provided."

Also as Mr. Bhuvan said that these lines "'the services may be terminated without assigning any reason' were not found in the offer letter

Please let us know what employee should do in this situation

From India, Mumbai
If either party discontinue service
Terminate by Employer
Resign by employee
then there are two condition
In termination the employee pays full month salary to the Employee.
In Resign the employee serves Notice period no matter it's in probation or not.
As, employee were forced to sign as per you So, the outcome is that he/she have been trapped and now she/he can't take legal action against them.
I am still not able to understand how an employee without his/her desire can sign such documents.

From India
what employee said initially when he got the news about termination, that HR asked to write a resignation letter on a blank paper and sign it, and when employee denied to do so and had asked about the valid reason/clarification/justification for termination, HR was not able to answer his query and instead said now since Management has taken their decision, there is no point in discussing about this with seniors and forced employee to resign
Employer has still not replied about employees entire month's salary part
In this case HR also comes into fault, can we put this point as well to take a legal action against this fraudsters, if employee doesn't gets entire month salary or is not taken back in the company or if the management doesn't provides him with any replacement job according to his payscale
Please advise

From India, Mumbai
Logically what is the base of legal, you don't have any evidence. If you file a suit against the employer they will simply show the resignation letter stating that the employee has resigned. With regards to the salary part for which the employee has worked, it is advisable to sit with the Line Manager/HR and sort it out amicably across the table.
Last but not the least the employer may have ample evidence to prove the employee guilty, so before going ahead with legality think over the pros and cons of the same.

From India, Ahmadabad
As per your last reply that, "HR asked to write a resignation letter on a blank paper and sign it, and when employee denied to do so and had asked about the valid reason/clarification/justification for termination"
I am sure there is some hidden point in all the incident narrated because no one can sign a blank paper.
At the time of forced resign the employee should have been stuck at his/her decision.. As the blank paper has been signed now they can write anything they wish,,, So no legal action can be taken against them simply talk to the Employer and solve this small issue mutually.
Are you getting my point?
This Thread discussion should be now closed too.
Good Luck!

From India
Please be aware that a probationary employee is not a permanently confirmed employee as per law. Probationary period is observation period. Only at the end of it, the employee shall be confirmed permanently or shall be terminated under reasons. So here the employee is terminated within 3 months bound within law. However you can content it in court seeking reason for termination. Its your duty to prove that the terminated reason was false. So that in it you can pray for a good compensation as suddenly you lost employment lead to financial crisis that lead to mental agony. Lodge a complaint in Deputy Labour Commissioner seeking justice & compensation. You will win. Meanwhile donot waste your time, join in another job. But donot disclose it as to prove you are in financial crisis
From India, Chennai
My company terminated me without any reason. I Was in the probation period of 4 months but after three and half month they terminated me by giving reason that you are taking lot of leaves but in actual i just took 2 leaves in the July. one day was not feeling well and another leave taken when my brother met with an accident so I took these two leaves. They put my salary on hold for 45 days. please tell what can i do in this situation.

From India, New Delhi

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