Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Sr. Executive Hr
I think you are working with an Insurance/Banking/Finance Co.
Can you provide me detail of Termination & Promotion parameters mentioned in your appointment letter?
Then only I can give u a contcrete reply.
Waiting for your revert.
Sr. HR & Legal
2nd August 2014 From India, Mumbai
In the case of probationers also the above procedure need not be followed and he can be terminated without notice if the terms of appointment provides so. Normally, non performance will be revealed in a period of six months or at least one year. At the same time, if you terminate an employee on the ground of non performance after so many years of his service, the same could be viewed as an attempt to victimise him. If to be terminated we should do it before he is confirmed and confirmation is a status change which is done after evaluating his performance.
2nd August 2014 From India, Kannur
I want to understand if any employer takes an action against any employee without any warning letter,than what option does an employee working at the level of manager has. Is accepting termination or resignation the only option available or he/she can approach any govt authority, if yes which one & how
2nd August 2014 From India, Gurgaon
I think Madhu has brought out the essential legal requirements before terminating an employee on the ground of unsatisfactory performance or non-performance. If the contingency arises during the period of probation of the employee, as opined by Madhu, of course he can be sent out on discharge simpliciter. If it is any time after confirmation, you can not simply send him out for any reason whatsoever because the right to continuity of employment accrues to the employee by virtue of his substantial service in the organization. If he happens to be a workman under the I.D Act,1947 he can challange it before the Labour Court. Otherwise,in the present case he can prefer an appeal under the State Shops & Est Act. Even if there is a cause both reasonable and substantial, the termination should be preceded by an enquiry in this regard. The conditions, if any stipulated in the orders of appointment in this regard can not run counter to the applicable legal provisions of unilateral termination of employment by the employer.
2nd August 2014 From India, Salem