Psdhingra
Legal Analyst, Hrm
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Gaurav Bhugra
Hr Recruitment
Shalil
Recruitment
+1 Other

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Respected seniors,
One of our employee is on probation, we have not yet issued him any offer letter or appointment letter but we pay salary through salary account.
The issue is:
we have been observed regular attendance record of employees from last 5 months. It was found that the said employee is regular on leave without intimation because of this work is affected and also when he is on duty he uses mobile excessively due to which his work not completed on time.He didn't improve after several oral warning . So, CEO has decided that to remove him immediately.
my question is:
What will be the process for this?
Can we issue one letter to him and terminate him on immediate basis???? what should be mention in such letter.
do we have to serve him notice period.
Currently his is not coming to office from last 5 days so can we send him absconding letter and terminate him immediately.
please guide me.

From India, Mumbai
Dear Ejaz,
Have not you given any letter of appointment even for placing him under probation and if yes, check what terms & conditions about termination/ resignation you have included in that letter? If not any reason for not doing so?

From India, Delhi
Hello Ejaz,

Any reason(s) for NOT giving him any Offer or Appointment Letters to him so far?

OR is this the standard practice in your Company?

Irrespective of what the Offer Letter says regarding Termination, since he hasn't been issued one, I don't think you can take any clauses as reference to take action. He will obviously take this stand IF you begin to refer to the Rules/Policies.

What's his function? Meaning in which Dept was he posted?

You mentioned 'It was found that the said employee is regular on leave without intimation'--I guess this is from the HR-end. But then what was the Functional Head doing for 5 months when work is being affected.......until HR found this out?

And w.r.t. your line 'when he is on duty he uses mobile excessively due to which his work not completed', here again, why was he allowed to get away with such attitude for so long?

Hasn't ANYONE cared to check with him on the reasons for his behaviour?

If Yes, what was his response? If No, why not? The options you have on the PoA depends on these aspects.

Frankly, I think you have TWO problems rather than just this one......the Second one being why this problem was left to fester for months, when such issues ought to have come to notice & acted upon within a week or so for Probationers.

Rgds,

TS

From India, Hyderabad
Hi Ejaz,
From my perspective the employee is a tresspasser as you have not issued him any letter stating he is employed with you. Just giving him salary through salary account does not make him an employee. It is very important to give some sort of written communication to every person who is working in your organization.
In this case just keep quiet and if the concerned person does not show up let it die a natural death

From China
Dear Ejaz, company can terminate the employment at any stage during the course of probation. However the offer letter/ appointment letter should have been issued with acceptance on the terms of employment from the joiner.Legally speaking there are no terms defined in your case.
However action can still be taken.

From India, Delhi
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