Termination From The Service - CiteHR
Adoni Suguresh
Sr.executive (per & Adm)
Ashutosh Thakre
Hr Professional
+1 Other

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Hi, Seniors I have got the Appointment letter from an Organisation on Jan.2014 stating, wherein in they have mentioned that employee will be on probation basis for 3 months. After that a notice of 30 days would be provided by the employer and employee. I had completed my Probation in the month of april 2014. Now in the month of June 25,2014 they have given me a termination letter stating that I am not fit for the work, hence let you go with immediate effect. During this letter they have not provided me the salary for the month of June'2014 and also stated that I must complete pending work, then only they will give my Salary. So on above case what should I do?. is the organisation is right on their part?. I request all the seniors to share their view on the above and let me know as soon as possible. Thanks
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Dear Bhavesh,
Have your received the confirmation letter in writing from the company? If not, then as they have not given a confirmation in writing, you continue to be on probation, even if the said period is over.
Therefore if that's the case then, they can terminate you without assigning any reasons by giving one day notice. But they cannot hold your salary saying that the work is held up as they have terminated the employment and not you. So they need to release the salary asap. Speak with the Higher Ups and also put the discussions on mail to the concerned person.
Regards,
Ashutosh Thakre
Dear Bhavesh,
Technically it is right to say that when you are not confirmed in service you continue in probation. But it it is an unfair labour practice and would be not viewed well by courts. Moreover if they are not happy with your work they should conduct proper enquiry by giving you an opportunity to explain your side before they decide. Holding up the payment is all the more illegal. If you are not fit for work where is the question of completing the pending work.
Kannan
Before hand please let us know the designation you are carrying, secondly please elaborate the work pending which you have mentioned. Please keep in mind that any work given has to be completed within the stipulated timeframe/deadline. If any employee does not work and crib for termination as well as not been paid does not make any sense.
Please tell the other side of the coin to give a fair view
Dear Mr.Bhavesh,

Greetings of the day. The employers duty to see that, the performance of the employee should be evaluated by end of the probationer period. If they have not evaluated his performance before end of probationer period, and not given any letter to the employee, it will be deemed as Confirmed employee. Of course, in case they are not satisfied with the performance of the employee, the employer has the option to extend his probationary period or issue termination notice as per clause stipulated in his appointment order. How employer has arrived to the conclusion that the not fit for work and on what grounds, that too after 3 months of completion of probationery period. The employer has failed to follow the procedures of HR and they cannot issue the termination letter without allowing employee to defend him. In any case they cannot with hold his salary. It is advised request the employer in writing to release the pending salary failing which you can report to the Labour Officer of the jursdiction over alleged non payment of wages/salary.

Adoni Suguresh

Sr.Executive (Pers, Admin & Ind.Rels) Rtd

Labour Laws Consultant
Dear Bhavesh,
Please let us know whether before giving you the termination letter the management has ever conveyed / counselled you either on record or otherwise deficiencies in your work or conduct and requiring/ expecting you to improve,if not, the termination is malafide regardless of the fact whether the action has accrued during probation or after completion of the same.
Further, let me assert that automatic confirmation post probation without the letter of confirmation is no longer valid.
I am sure this makes you points clear.
S.K.Johri
Thanks Johri for all your valuable information. I want to Know in any case can they withheld my salary whether I am confirmed or on a probation basis?. Please let me know.
Hi, Seniors when I have gone to meet my employer and asked for my june salary, he put on me unnecessary allegations that I have stolen the Cards (My company deals in Telephonic Cards) and also told me that he will take an legal action against me. What should I do now, the employer has behave in a redness manner with me. Now how can i sort out this matter?. does any legal consultant can help me in this case. I dont want to keep matter long and pending. Can anybody help me in this case i would be obliged.
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