Riteshmaity
Labour Law Advocate
Mugdha Vanjari
Hr Manager
+2 Others

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Hello Seniors,
Please guide me on following.
One employee has completed his probation period of three months properly. Then company started his alternate Saturday off (which depends on performance basis after probation period). And after 5 months of joining he got email that your work is not proper we cant continue with you. Is is right thing? & if it is ok then is company responsible to give 1 month notice period as mentioned in appointment letter or can they directly terminate employee without notice period?
Please give reply as soon as possible.
Thank you..

Dear Ms Mugdha Vanjari,
What are wordings of the Probation Clause in the appointment letter ?
If it states only that probation will be of 3 months than it will he will deed to have been entitled to notice period as stated in the appointment letter.
In case the wordings of the probation clause are that probation period is of 3 months which is extendable and he will deem to be on probation till confirmed in writing , than notice period will not be applicable.
Kindly see the clauses in the appointment letter.
Best Wishes
Col.Suresh Rathi

Probation period is extendable but he got confirmation in written after completion of probation of 3 months .
Mugda Vanjari - had the hr issued confirmation letter to him...if its yes, then management can terminate by giving one month notice.....since he is confirmed employ can demand 3months salary...bcoz management is not giving proper reason for same. still employ can demand proper reason in writing ,in this way they will come out with their version, or otherwise he can send letter to management stating harassment & forcible resignation.
things will settle in employ favour.
venkateesh

If his probation was confirmed in writing, then he has gained a status of an employee.
His service can only be terminated by way of issuing charge sheet, holding domestic enquiry etc. and without such procedure his termination is going to be bad in law.
However, assuming that he has worked for only 8 months (3 months probation and 5 months thereafter), he will not be entitled to too much of benefit since his tenure is very less.
He can claim notice pay as mentioned in this letter of appointment. Before proceeding further his letter of appointment as well as letter of termination is to be considered.

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