Now, regarding harassment, asking an employee to leave is not a harassment and this can happen to any person who is not performing. Just due to this if the husbands start complaining against the HR before the District Collector or Women's Commission or Local Complaints Committee constituted as per Prevention of Sexual Harassment at Workplace Act, the entire HR fraternity will be in trouble. If that is the situation, then the HR forums will raise and they will start sending messages which may even lead to a complete stand still to her career. You as a husband (please read what you have written) has no right to ask for the rights of your wife at her company, you can exercise your rights at home.
This is a case study for many HR persons who take steps without reading the clauses of appointment orders. If you refer the case Anand Lenin Vedanayagam Vs The Registrar, Pondichery University, the Madras High Court has found that the employer is free to terminate the service of a probationer without assigning any reasons but when it comes to a situation that the termination is on the charges of any misconduct, the act of termination should be done after affording opportunities to the employee to be heard since the termination in the latter case it is a stigmatic order and not a termination simpliciter.
The laws & rules are same to Employer & Employee both. But those workman shown courage to challenge have yield result. In this matter the lady must fight against her “Termination”. And in the matter Mr. Madhu T.K has rightly pointed out some key points, fight on ground of those averments, rather claim of three month notice etc. If the appointment letter have clause of three month notice has to give notice prior to termination if terminating before the probation period.
As rightly captured in the observations above, the company has chosen to flout the conditions in the appointment letter and the principles of natural justice in terminating the lady. The acts of the management of terminating services without giving a fair opportunity to explain the alleged poor performance and without giving notice of 90 days is prima facie blatant violation of legal provisions and is most fit case for challenge in the Labour court.
The high handedness on the part of the errant management must be taught lesson.
Please fight out at all fronts- legal and social till management is brought to their kneels.
Why issue unnecessary letters to a probationary employee?
Issuing PIP letter indicated a desire to retain employee?
Otherwise an employee on probation could be removed as per offer letter.
If the Company has stated 90 days notice period,they need to honour it and pay 90 days salary or keep employee for 90 more days and then decide to show the exit path or retain etc as they feel.
Lack of professionalism by HR is obviously clear and they need to read more on law and HR rules first.
1. Everybody above has endorsed that the service of an employee can be terminated on the grounds of performance, that is no doubt absolutely correct but this authority with the management is not unfettered. Non performance has to be justified in the form of recorded feed back and written commitment from employee that s/he intends to work hard to improve on the feed back. This is nowhere mentioned in the post.
In case prior documented feed backs are not there, its a strong case to fight.
2. Since it was a leave vacancy the HR should have appointed on a fixed term vacancy instead of against permanent vacancy as they did in this case (Blunder on the part of HR, now a days the HR thinks that they can get away with anything they do and nobody can stop them).
3. Husband has no legal authority to intervene in the matter and make complaints. His actions have further aggravated the situation.
4. Normally companies have 15 days or 30 days clause for termination during probation. I doubt there is a 90 days clause. Please share the relevant clauses of the appointment order to advise properly.
5. Assuming that there is a 90 days clause, then you have a point to take the matter to the court. In case your wife comes under the category of workmen then to Labour Court/Tribunal and in case she does not come under workmen category, the civil court for claiming the compensation.